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to comply with Laws and Regulations applicable to the A. In connection with ENGINEER's authority as to Shop performance of the Work. Drawings and Samples , see paragraph 6. 17 . ' 9 . 03 Project Representative B . In connection with ENGINEER's authority as to A. If OWNER and ENGINEER agree, ENGINEER will Change Orders , see Articles 101 11 , and 12 . furnish a Resident Project Representative to assist ENGINEER C . In connection with ENGINEER's authority as to ' in providing more extensive observation of the Work. The Applications for Payment, see Article 14. responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as 9. 08 Determinations for Unit Price Work provided in paragraph 9. 10 and in the Supplementary ' Conditions . If OWNER designates another representative or A. ENGINEER will determine the actual quantities and agent to represent OWNER at the Site who is not ENGINEER's classifications of Unit Price Work performed by CONTRACTOR. Consultant, agent or employee, the responsibilities and authority ENGINEER will review with CONTRACTOR the ENGINEER's and limitations thereon of such other individual or entity will be preliminary determinations on such matters before rendering a ' as provided in the Supplementary Conditions . written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision 9 . 04 Clarifications and Interpretations thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more ' A. ENGINEER will issue with reasonable promptness accurate data ) upon OWNER and CONTRACTOR, subject to such written clarifications or interpretations of the requirements the provisions of paragraph 10 . 05. of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and 9. 09 Decisions on Requirements of Contract Documents ' reasonably inferable from the Contract Documents . Such and Acceptability of Work written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR A. ENGINEER will be the initial interpreter of the are unable to agree on entitlement to or on the amount or requirements of the Contract Documents and judge of the ' extent, if any, of any adjustment in the Contract Price or acceptability of the Work thereunder. Claims , disputes and Contract Times, or both, that should be allowed as a result of a other matters relating to the acceptability of the Work , the written clarification or interpretation, a Claim may be made quantities and classifications of Unit Price Work , the therefore as provided in paragraph 10. 05. interpretation of the requirements of the Contract Documents ' pertaining to the performance of the Work , and Claims seeking 9 . 05 Authorized Variations in Work changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing , in accordance with the A. ENGINEER may authorize minor variations in the provisions of paragraph 10 . 05, with a request for a formal ' Work from the requirements of the Contract Documents which decision. do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of B . When functioning as interpreter and judge under this the completed Project as a functioning whole as indicated by the paragraph 9. 09, ENGINEER will not show partiality to OWNER ' Contract Documents . These may be accomplished by a Field or CONTRACTOR and will not be liable in connection with any Order and will be binding on OWNER and also on CON- interpretation or decision rendered in good faith in such TRACTOR, who shall perform the Work involved promptly. If capacity . The rendering of a decision by ENGINEER pursuant OWNER and CONTRACTOR are unable to agree on to this paragraph 9.09 with respect to any such Claim, dispute, ' entitlement to or on the amount or extent, if any, of any or other matter (except any which have been waived by the adjustment in the Contract Price or Contract Times, or both, as making or acceptance of final payment as provided in paragraph a result of a Field Order, a Claim may be made therefore as 14 . 07) will be a condition precedent to any exercise by OWNER provided in paragraph 10. 05. or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or 9 . 06 Rejecting Defective Work Regulations in respect of any such Claim, dispute, or other matter. A. ENGINEER will have authority to disapprove or reject ' Work which ENGINEER believes to be defective, or that 9. 10 Limitations on ENGINEER 's Authority and Respon- ENGINEER believes will not produce a completed Project that sibilities conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a A. Neither ENGINEER's authority or responsibility under functioning whole as indicated by the Contract Documents . this Article 9 or under any other provision of the Contract ENGINEER will also have authority to require special inspection Documents nor any decision made by ENGINEER in good faith or testing of the Work as provided in paragraph 13. 04 , whether either to exercise or not exercise such authority or responsibility or not the Work is fabricated , installed , or completed . or the undertaking , exercise, or performance of any authority or responsibility by ENGINEER shall create , impose, or give rise to 9 . 07 Shop Drawings, Change Orders and Payments any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other 044572000 00700 - 24