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' will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER' s observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine ' qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens . accompanying data and schedules, that to the best of ' ENGINEER' s knowledge, information and belief. 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER' s opinion, it would be incorrect to ' indicated; make the representations to OWNER referred to in paragraph 14.02 .B .2 . ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ' ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because : mination of quantities and classifications for Unit Price Work under paragraph 9 .08 , and to a. the Work is defective, or completed any other qualifications stated in the Work has been damaged, requiring correction or ' recommendation); and replacement; c . the conditions precedent to b. the Contract Price has been reduced by CONTRACTOR' s being entitled to such pay- Written Amendment or Change Orders ; ment appear to have been fulfilled in so far as it is ENGINEER' s responsibility to observe the c . OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 . 09 ; or 3 . By recommending any such payment ENGINEER will not thereby be deemed to have d. ENGINEER has actual knowledge of the ' represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14.02 .B .5 .e and f have been added. ' inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other Paragraph 14.02 .C.1 has been deleted and replaced with ' matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by (Note to preparers This change is not required for OWNER or entitle OWNER to withhold payment to private projects.) CONTRACTOR. C. Payment Becomes Due 4 . Neither ENGINEER' s review of 1 . Ten days—ager- Presentation of tffi.e CONTRACTOR' s Work for the purposes of recom- Apglieation for Payment to 03AWER —vim ' mending payments nor ENGINEER' s recommenda- E:`TGPMER' a ti the u ra.c.varur , tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, 14 02 D) beee fe due, and YAfien due 1A411 be paid b . v�. .L w direct, or control the Work or for the means, meth- OWNER to GOM4r n GTO ' ods, techniques, sequences, or procedures of construction, or the safety precautions and programs D . Reduction in Payment incident thereto, or for CONTRACTOR's failure to ' comply with Laws and Regulations applicable to 1 . OWNER may refuse to make payment of CONTRACTOR' s performance of the Work. the full amount recommended by ENGINEER Additionally, said review or recommendation will because : ' not impose responsibility on ENGINEER to make ' 00700 - 40