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§ 9.6.4 The Owner has the right to request written evidence from the Design -Builder that the Design -Builder has
<br />properly paid the Architect, Consultants, Contractors, or other person or entity providing services or work for the
<br />Design -Builder, amounts paid by the Owner to the Design -Builder for the Work. If the Design -Builder fails to
<br />furnish such evidence within seven days, the Owner shall have the right to contact the Architect, Consultants, and
<br />Contractors to ascertain whether they have been properly paid. The Owner shall have no obligation to pay or to see
<br />to the payment of money to a Consultant or Contractor, except as may otherwise be required'by law.
<br />§ 9.6.5 Design -Builder payments to material and equipment suppliers shall be treated in a manner similar to that
<br />provided in Sections 9.6.2, 9.6.3 and 9.6.4...............:..........:::t:::,
<br />§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy Qf tiie Project by the
<br />Owner shall not constitute acceptance of Work not in accordance with the Design -Build Documents.
<br />§ 9.6.7 Unless the Design -Builder provides the Owner with a payment bond in the full penal'Rsum of the Contract
<br />Sum, payments received by the Design -Builder for Work properly performed by the Archite.,,. Consultants,
<br />Contractors and other person or entity providing services or work for the Design -Builder, shall b' held by the
<br />Design -Builder for the Architect and those Consultants, Contractors, or other person or entity, providing services or
<br />work for the Design -Builder, for which payment was made by the Owner. Nothing contained hezxn shall require
<br />money to be placed in a separate account and not commingled with money of the Design-Bidetshall create any
<br />fiduciary liability or tort liability on the part of the Design -Builder for breach of trust or shah :entitle any person or
<br />entity to an award of punitive damages against the Design -Builder for breach of the requirements 6f this provision.
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<br />§ 9.7 Failure of Payment
<br />If the Owner does not issue a Certificate for Payment, through no fault of the Design -Builder, withinthe time
<br />required by the Design -Build Documents, then the Design -Builder may, upon seven additional day '�vWritten notice
<br />to the Owner, stop the Work until payment of the amount owing has been received. The Contract-,T, shall be
<br />extended appropriately and the Contract Sum shall be increased by the amount of the Design-Fuild6r's reasonable
<br />costs of shut -down, delay and start-up, plus interest as provided for in the Design -Build Doqum
<br />§ 9.8 Substantial Completion
<br />§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
<br />is sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or utilize the
<br />Work for its intended use. The date of Substantial Completion is the date certified by the Owner in `acordance with
<br />this Section 9.8.
<br />§ 9.8.2 When the Design -Builder considers that the Work, or a portion thereof which the Owx"er agreesyto accept
<br />separately, is substantially complete, the Design -Builder shall prepare and submit to the Owrl6r a bOmprehensive list
<br />of items to be completed or corrected prior to final payment. Failure to include an item on sudh list sloes not alter the
<br />responsibility of the Design -Builder to complete all Work in accordance with the Design-B-d11d Documents.
<br />§ 9.8.3 Upon receipt of the Design -Builder's list, the Owner shall make an inspection to detetM I whether the Work
<br />or designated portion thereof is substantially complete. If the Owner's inspection discloses a:y :It�ern, .whether or not
<br />included on the Design -Builder's list, which is not sufficiently complete in accordance with the Design -Build
<br />Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the
<br />Design -Builder shall, before issuance of the Certificate of Substantial Completion, complete or correct such item
<br />upon notification by the Owner. In such case, the Design -Builder shall then submit a request for another inspection
<br />by the Owner to determine Substantial Completion.
<br />§ 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5, the Owner 4d Design -
<br />Builder shall discuss and then determine the parties' obligations to obtain and maintain propezty insu nce following
<br />issuance of the Certificate of Substantial Completion.
<br />§ 9.8.5 When the Work or designated portion thereof is substantially complete, the Design-E ub er wall{ prepare for
<br />the Owner's signature a Certificate of Substantial Completion that shall, upon the Owner's signature, dstablish the
<br />date of Substantial Completion; establish responsibilities of the Owner and Design -Builder for security,
<br />maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design -Builder
<br />AIA Document A141'K - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. A11 rights reserved. WARNING: This AIAV
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document,
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the 22
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes:
<br />(3B9ADA54)
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