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.l defective Work not remedied; •2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .3 damage to the Owner or a Separate Contractor, .4 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover damages for the anticipated delay; or .5 repeated failure materially to carry out the Work in accordance with the Comma Documents. § 15A.4 When Contractor disputes the Owner's decision regarding a Certificate for Payment under Section 15.4.3, in whole or in part, Contractor may submit a Claim in accordance with Article 21. § 15.5 Progress Payments § 15.5.1 The Contractor shall not be responsible to pay a Subcontractor unless and until the condition precedent has been satisfied that Contractor has received payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work and then in the time required by the Ohio Prompt Pay Act, Ohio Revised Code § 4113.61. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - subcontractors in a similar manner. § 15.51 The Owner shall have rte obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 155.3 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of lien claim or other claim for payment, the Owner shall notify the Contractor. § 15.6 Substantial Completion § 15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contend Documents so that the Owner can occupy or utilize the Work for its intended use. Substantial Completion shall not be dependent on governmental inspection or certificate where the failure to receive a prompt inspection or a certification is caused other than by the fault of the Contractor. § 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the Contractor's list, the Owner will make a single inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item which is not complete in accordance with the Contract Documents, but the Owner nevertheless can occupy or utilize the Work or, where the Owner has requested partial occupancy or use, that designated portion, for its intended use, then the Work, or designated portion thereof if that is what Owner has requested be completed, shall be considered to have achieved Substantial Completion and Contractor shall complete such listed incomplete items as soon as practicable thereafter. When the Work or designated portion thereof is substantially complete, the Connector shall prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the manufacturers' or suppliers' warranties. § 15.6.4 Contractor shall submit the Certificate of Substantial Completion to the Owner for written acceptance of responsibilities assigned to Owner in the Certificate. Owner may withhold from payment one hundred percent (100%) of the estimated cost of the Work that is incomplete or not in accordance with the requirements of the Contract Documents until complete and correct. § 15.7 Final Completion and Final Payment Page I I of 18