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payment or, because of subsequently discovered 2. ENGINEER's recommendation of any payment evidence or the results of subsequent inspections or requested in an Application for Payment will constitute a tests, revise or revoke any such payment representation by ENGINEER to OWNER, based on recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect ENGINEER's observations on the Site of the executed OWNER from loss because: Work as an experienced and qualified design professional and on ENGINEER's review of the a. the Work is defective, or completed Work Application for Payment and the accompanying data has been damaged, requiring correction or and schedules, that to the best of ENGINEER's replacement; knowledge, information and belief: a. the Work has progressed to the point b. the Contract Price has been reduced by indicated, Written Amendment or Change Orders; b. the quality of the Work is generally in c. OWNER has been required to corred defective Work or complete Work in accordance • accordance with the Contract Documents (subject with paragraph 13.09; or to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the d. ENGINEER has actual knowledge of the results of any subsequent tests called for in the occurrence of any of the events enumerated in Contract Documents, to a final determination of h 15.02.A. quantities and classifications for Unit Price Work paragraph 9 P under paragraph 9.08, and to any other C. Payment Becomes Due qualifications stated in the recommendation); and c the conditions precedent to 1 .Ten days after presentation of the Application for a n CONTRACTOR's being entitled to such payment Payment to OWNER with ENGINEER's arctation the amount recommended will appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. be(sucome due, and when due will be pvisions of ad by OWNER Dto 3. By recommending any such payment CONTRACTOR. ENGINEER will not thereby be deemed to have represented that (i) inspections made to check the D. Reduction in Payment quality or the quantity of the Work as it has been 1 . OWNER may refuse to make payment of the full performed have been exhaustive, extended to every amount recommended by ENGINEER because: aspect of the Work in progress, or involved detailed ir>spities ections of WOE �y°� the �ce�b�Ia. claims have been made against OWNER on specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters account of CONTRACTOR's performance or or issues between the parties that might entitle furnishing of the Work; CONTRACTOR to be paid additionally by OWNER or b. Liens have been filed in connection with the entitle OWNER to withhold payment to CONTRACTOR. Worik, except where CONTRACTOR has delivered 4. Neither ENGINEER's review of a specific Bond satisfactory to OWNER to secure CONTRACTOR's Work for the purposes of the satisfaction and discharge of such Liens; recommending payments nor ENGINEER's recommendation of any payment, including final C. there are other items entitling OWNER to a payment, will impose responsibility on ENGINEER to setoff against the amount recommended; or supervise, direct or control the Work or for the means, d. OWNER has actual knowledge of the methods, techniques, sequences, or procedures of occurrence of any of the events enumerated in construction, or the safety precautions and programs 14.02. 6.5.a through 14.02.B.5.c or Incident thereto, or for CONTRACTOR's failure to paragraphs comply with Laws and Regulations applicable to paragraph 15.02.A. CONTRACTOR's performance of the Work. 2. If OWNER refuses to make payment of the full Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any amount recommended by ENGINEER, OWNER must examination to ascertain how or for what purposes give CONTRACTOR immediate written notice (with a CONTRACTOR has used the moneys paid on account copy to ENGINEER) stating the reasons for such action th the Contract Price, or to determine that title to any to and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. the Work, materials, or equipment has Passed OWNER shall promptly pay CONTRACTOR the amount OWNER free and dear of any Liens. so withheld, or any adjustment thereto agreed to by 5. ENGINEER may refuse to recommend the whole OWNER and CONTRACTOR, when CONTRACTOR or any part of any payment if, in ENGINEER's opinion, it corrects to OWNER's satisfaction the reasons for such would be incorrect to make the representations to action. OWNER referred to in paragraph 14.02.8.2. ENGINEER may also refuse to recommend any such 00700 - 31