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therein , all of which must be satisfactory to c. The conditions precedent to OWNER. CONTRACTOWs being entitled to such payment appear to have been fulfilled in so 2 . Beginning with the second far as it is ENGINEER's responsibility to Application for Payment, each Application shall observe the Work. include an affidavit of CONTRACTOR stating that all previous progress payments received 3 . By recommending any such on account of the Work have been applied on payment , ENGINEER will not thereby be account to discharge CONTRACTOR's deemed to have represented that: (i) inspec- legitimate obligations associated with prior tions made to check the quality or the quantity Applications for Payment, of the Work as it has been performed have been exhaustive, extended to every aspect of 3. The amount of retainage with respect the Work in progress , or involved detailed to progress payments will be as stipulated in inspections of the Work beyond the responsi- the Agreement. bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may B . Review of Applications not be other matters or issues between the parties that might entitle CONTRACTOR to be 1 . ENGINEER will , within 10 days after paid additionally by OWNER or entitle OWNER receipt of each Application for Payment, either to withhold payment to CONTRACTOR. indicate in writing a recommendation of payment and present the Application to 4. Neither ENGINEER's review of OWNER or return the Application to CONTRACTOR's Work for the purposes of CONTRACTOR indicating in writing recommending payments nor ENGINEER's ENGINEER's reasons for refusing to recommendation of any payment, including final recommend payment. In the latter case, CON- payment, will impose responsibility on TRACTOR may make the necessary ENGINEER to supervise, direct, or control the corrections and resubmit the Application . Work or for the means , methods, techniques , sequences, or procedures of construction , or 2 . ENGINEER's recommendation of the safety precautions and programs incident any payment requested in an Application for thereto , or for CONTRACTOR's failure to Payment will constitute a representation by comply with Laws and Regulations applicable to ENGINEER to OWNER, based on CONTRACTOR's performance of the Work. ENGINEER's observations on the Site of the Additionally, said review or recommendation will executed Work as an experienced and qualified not impose responsibility on ENGINEER to design professional and on ENGINEER's make any examination to ascertain how or for review of the Application for Payment and the what purposes CONTRACTOR has used the accompanying data and schedules, that to the moneys paid on account of the Contract Price, best of ENGINEER's knowledge, information or to determine that title to any of the Work, and belief: materials, or equipment has passed to OWNER free and clear of any Liens . a. the Work has progressed to the point indicated ; 5. ENGINEER may refuse to recom - mend the whole or any part of any payment if, b. the quality of the Work is generally in in ENGINEER's opinion , it would be incorrect to accordance with the Contract Documents make the representations to OWNER referred (subject to an evaluation of the Work as a to in paragraph 14.02 . 13 .2 . ENGINEER may functioning whole prior to or upon also refuse to recommend any such payment Substantial Completion , to the results of any or, because of subsequently discovered subsequent tests called for in the Contract evidence or the results of subsequent Documents, to a final determination of inspections or tests , revise or revoke any such quantities and classifications for Unit Price payment recommendation previously made, to Work under paragraph 9 .08, and to any such extent as may be necessary in other qualifications stated in the ENGINEER's opinion to protect OWNER from recommendation ); and loss because: 00700 - General Conditions REV 04-07.doc 00700 - 39 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VAdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc