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<br /> of sueh Fightsf Fears as-either- 7—wise hwe ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br /> 10. 01 Authorized Changes in the Work
<br /> 9 . 10 Limitations on ENGINEER 's Authority and
<br /> Responsibilities A. Without invalidating the Agreement and without
<br /> notice to any surety, OWNER may, at any time or from time
<br /> A. Neither ENGINEER' s authority or responsibility to time, order additions, deletions, or revisions in the Work
<br /> under this Article 9 or under any other provision of the by a Written Amendment, a Change Order, or
<br /> a Work
<br /> Contract Documents nor any decision made by ENGINEER Change Directive. Upon receipt of any such document,
<br /> in good faith either to exercise or not exercise such CONTRACTOR shall promptly proceed with the
<br /> Work
<br /> authority or responsibility or the undertaking, exercise, or involved which will be performed under the applicable
<br /> performance of any authority or responsibility by conditions of the Contract Documents (except as otherwise
<br /> ENGINEER shall create, impose, or give rise to any duty in specifically provided).
<br /> contract, tort, or otherwise owed by ENGINEER to
<br /> CONTRACTOR, any Subcontractor, any Supplier, any B . If OWNER and CONTRACTOR are unable to
<br /> other individual or entity, or to any surety for or employee agree on entitlement to, or on the amount or extent, if any,
<br /> or agent of any of them of an adjustment in the Contract Price or Contract Times, or
<br /> both, that should be allowed as a result of a Work Change
<br /> B . ENGINEER will not supervise, direct, control, or Directive, a Claim may be made therefor as provided in
<br /> have authority over or be responsible for CONTRACTOR' s paragraph 10.05 .
<br /> means, methods, techniques, sequences, or procedures of
<br /> construction, or the safety precautions and programs 10 .02 Unauthorized Changes in the Work
<br /> incident thereto, or for any failure of CONTRACTOR to
<br /> comply with Laws and Regulations applicable to the perfor- A. CONTRACTOR shall not be entitled to an
<br /> mance of the Work. ENGINEER will not be responsible increase in the Contract Price or an extension of
<br /> the
<br /> for CONTRACTOR' s failure to perform the Work in accor- Contract Times with respect to any work performed that is
<br /> dance with the Contract Documents, not required by the Contract Documents as amended,
<br /> modified, or supplemented as provided in paragraph 3 .04,
<br /> C. ENGINEER will not be responsible for the acts or except in the case of an emergency as provided in paragraph
<br /> omissions of CONTRACTOR or of any Subcontractor, any 6 . 16 or in the case of uncovering Work as provided in
<br /> Supplier, or of any other individual or entity performing paragraph 13 .04.B .
<br /> any of the Work.
<br /> 10 . 03 Execution of Change Orders
<br /> D . ENGINEER's review of the final Application for
<br /> Payment and accompanying documentation and all mainte- A. OWNER and CONTRACTOR shall execute
<br /> nance and operating instructions, schedules, guarantees, appropriate Change Orders recommended by ENGINEER
<br /> Bonds, certificates of inspection, tests and approvals, and (or Written Amendments) covering:
<br /> other documentation required to be delivered by paragraph
<br /> 14 .07 .A will only be to determine generally that their 1 . changes in the Work which are: (i)
<br /> content complies with the requirements of, and in the case ordered by OWNER pursuant to paragraph 10. 01 .A,
<br /> of certificates of inspections, tests, and approvals that the (a) required because of acceptance of defective
<br /> results certified indicate compliance with, the Contract Work under paragraph 13 .08 .A or OWNER' s
<br /> Documents. correction of defective Work under paragraph 13 .09,
<br /> or (iii) agreed to by the parties;
<br /> E. The limitations upon authority and responsibility
<br /> set forth in this paragraph 9. 10 shall also apply to 2, changes in the Contract Price or Contract
<br /> ENGINEER' s Consultants, Resident Project Repre. Times which are agreed to by the parties, including
<br /> sentative, and assistants. any undisputed sum or amount of time for Work
<br /> actually performed in accordance with a Work
<br /> Change Directive; and
<br /> 3 , changes in the Contract Price or Contract
<br /> Times which embody the substance of any written
<br /> decision rendered by ENGINEER pursuant to para.
<br /> Rev . 03 / 2006 Egret Marsh
<br /> 00700 - 31
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