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Y f " � s X, Tat ,s ' € ,�+ aw 7, . �z # " a .�.� t i� ^ "�s x d � : . :•? . �� _`� \ 3 . The amount of retainage with respect the Contract Documents ; or ( ii ) that there may to progress payments will be as stipulated in not be other matters or issues between the the Agreement . parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER B . Review of Applications to withhold payment to CONTRACTOR . 1 . ENGINEER will , within 10 days after 4 . Neither ENGINEER's review of receipt of each Application for Payment , either CONTRACTOR's Work for the purposes of indicate in writing a recommendation of recommending payments nor ENGINEER's payment and present the Application to recommendation of any payment , including final OWNER or return the Application to payment, will impose responsibility on CONTRACTOR indicating in writing ENGINEER to supervise , direct , or control the ENGINEER's reasons for refusing to Work or for the means , methods , techniques , recommend payment . In the latter case , Cl sequences , or procedures of construction , or TRACTOR may make the necessary the safety precautions and programs incident corrections and resubmit the Application , thereto , or for CONTRACTOR's failure to comply with Laws and Regulations applicable to 2 . ENGINEER's recommendation of CONTRACTOR's performance of the Work , any payment requested in an Application for Additionally, said review or recommendation will OA Payment will constitute a representation by not impose responsibility on ENGINEER to ENGINEER to OWNER, based on make any examination to ascertain how or for ENGINEER's observations on the Site of the what purposes CONTRACTOR has used the executed Work as an experienced and qualified moneys paid on account of the Contract Price , design professional and on ENGINEER Is or to determine that title to any of the Work , review of the Application for Payment and the materials , or equipment has passed to accompanying data and schedules , that to the OWNER free and clear of any Liens , best of ENGINEER's knowledge , information and belief: 5 . ENGINEER may refuse to recom - mend the whole or any part of any payment if, a . the Work has progressed to the point in ENGINEER's opinion , it would be incorrect to indicated ; make the representations to OWNER referred to in paragraph 14 . 02 . 6 . 2 . ENGINEER may b , the quality of the Work is generally in also refuse to recommend any such payment accordance with the Contract Documents or, because of subsequently discovered (subject to an evaluation of the Work as a evidence or the results of subsequent functioning whole prior to or upon inspections or tests , revise or revoke any such Substantial Completion , to the results of any payment recommendation previously made , to subsequent tests called for in the Contract such extent as may be necessary in Documents , to a final determination of ENGINEER's opinion to protect OWNER from quantities and classifications for Unit Price loss because : Work under paragraph 9 . 08 , and to any other qualifications stated in the a . the Work is defective , or completed recommendation ) ; and Work has been damaged , requiring correction or replacement ; c . The conditions precedent to CONTRACTOR's being entitled to such b . the Contract Price has been reduced payment appear to have been fulfilled in so by Written Amendment or Change Orders ; �j far as it is ENGINEER's responsibility to observe the Work . c . OWNER has been required to correct defective Work or complete Work in accor- 3 . By recommending any such dance with paragraph 13 . 09 ; or payment ENGINEER will not thereby be deemed to have represented that : ( i ) inspecd , ENGINEER has aGtUal knowledg - tions made to check the quality or the quantity of the Work as it has been performed have at8d iR paFagraph 15 , 02 been exhaustive , extended to every aspect of the Work in progress , or involved detailed C . Payment Becomes Due inspections of the Work beyond the responsi - bilities specifically assigned to ENGINEER in 00700 - General Conditions REV 04-07 .doc 00700 - 38 F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00700 - General Conditions REV 04-07 . doc 14