the
Owner and §9.8.4 Prior to issuance of the Certificate of Substantial Completion
under Section 9.8.5, Design-Builder shall discuss and then determine the
parties' obligationsto obtain and maintain property insurance followingissuance
of the Certificateof SubstantialCompletion. for the §9.8.5When the Work or
designatedportion thereofis substantiallycomplete,the Design-Builderwill prepare
Owner'ssignaturea Certificateof SubstantialCompletionthat shall,upon the
Owner'ssignature,establishthe date of
SubstantialCompletion;establishresponsibilities of the Owner and
Design-Builderfor security, maintenance,heat, utilities, damageto the Work and
insurance; and fixthe time within whichthe Design-Buildershallfinish all items
on the list accompanyingthe Certificate.Warranties requiredby the Design-Build
Documents shall commence on the date of SubstantialCompletionof the Work or
designatedportionthereofunless otherwiseprovided in the Certificate of
SubstantialCompletion. for written §9.8.6The Certificate of
SubstantialCompletionshall be submittedby the Design-Builderto the Owner
acceptanceof responsibilitiesassignedto it in the Certificate.Upon the
Owner'sacceptance,and consentof surety, if any,the Owner shallmake payment of
retainage applyingto the Workor designatedportion thereof.Paymentshall be
adjustedfor Work that is incompleteor not in accordancewith the requirementsof
the Design-BuildDocuments. §9.9PartialOccupancyor Use any when §9.9.1The Owner
may occupy or use any completedor partially completedportion of the Work at
stage such portion is designated by separate agreement with the Design-Builder,
provided such occupancy or use is consentedto, by endorsement or otherwise, by
the insurer providing property insurance and authorizedby public authorities
having jurisdiction over the Project. Such partial occupancy or use may commence
whether or not the portionis substantiallycomplete,providedthe
OwnerandDesign-Builderhave acceptedin writingtheresponsibilities assignedto each
ofthem for payments,retainage,if any,security,maintenance,heat, utilities,
damageto the Work and insurance, and have agreed in writing concerning the
period for correction of the Work and commencement of warranties required by the
Design-Build Documents. When the Design-Builder considers a portion
substantially complete,the Design-Buildershallprepare and submita listto the
Owneras providedunder Section9.8.2. Consentof the Design-Builderto partial
occupancy or use shallnot be unreasonablywithheld. The stage of the progress of
the Work shallbe determinedby written agreementbetweenthe Owner
andDesign-Builder. inspectthe area §9.9.2Immediatelyprior to suchpartial
occupancyor use,the Owner andDesign-Buildershalljointly to be occupiedor portion
of the Work to be used in orderto determineand record the conditionof the Work.
AlA Document A141 " - 2014. Copyright © 2004 and 2014 by The American Institute
of Architects. All rights reserved. AlA®Document is mit. protected
by U.S. Copyright Law and International Treaties. Unauthorized reproduction or
distribution of this AlA5 Document, or any portion of it, may 23 result in
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extent possible under the law. This document was produced byAlA software at
16:43:51 CT on 10/31/2018 under Order No.7640887244 whichexpires on 12/13/2018,
and is not for resale. User Notes: (861424439)
[llcagreementoftrcmrc3llc162.jpg]
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