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performance of the Work , and Claims seeking and approvals , and other documentation required to
<br /> changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to
<br /> be referred initially to ENGINEER in writing , in determine generally that their content complies with
<br /> accordance with the provisions of paragraph 10 . 05 , the requirements of, and in the case of certificates
<br /> of
<br /> with a request for a formal decision . inspections , tests , and approvals that the results
<br /> certified indicate compliance with , the Contract
<br /> B . When functioning as interpreter and judge Documents .
<br /> under this paragraph 9 . 09 , ENGINEER will not show
<br /> partiality to OWNER or CONTRACTOR and will not E . The limitations upon authority and responsibil-
<br /> be liable in connection with any interpretation or ity set forth in this paragraph 9 . 10 shall also apply to
<br /> decision rendered in good faith in such capacity . The ENGINEER ' s Consultants , Resident Project Repre-
<br /> rendering of a decision by ENGINEER pursuant to this sentative, and assistants .
<br /> paragraph 9 . 09 with respect to any such Claim ,
<br /> dispute , or other matter (except any which have been ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br /> waived by the making or acceptance of final payment
<br /> as provided in paragraph 14 . 07 ) will be a condition
<br /> precedent to any exercise by OWNER or 10 . 01 Authorized Changes in the Work
<br /> CONTRACTOR of such rights or remedies as either
<br /> may otherwise have under the Contract Documents or A . Without invalidating the Agreement and
<br /> by Laws or Regulations in respect of any such Claim , without notice to any surety, OWNER may, at any time
<br /> dispute , or other matter, or from time to time , order additions , deletions, or
<br /> revisions in the Work by a Written Amendment, a
<br /> 9 . 10 Limitations on ENGINEER 's Authority and Change Order, or a Work Change Directive , Upon
<br /> Responsibilities receipt of any such document, CONTRACTOR shall
<br /> promptly proceed with the Work involved which will be
<br /> A. Neither ENGINEER ' s authority or respon- performed under the applicable conditions of the
<br /> sibility under this Article 9 or under any other provision Contract Documents (except as otherwise specifically
<br /> of the Contract Documents nor any decision made by provided ) .
<br /> ENGINEER in good faith either to exercise or not
<br /> exercise such authority or responsibility or the B . If OWNER and CONTRACTOR are unable to
<br /> undertaking , exercise , or performance of any authority agree on entitlement to , or on the amount or extent,
<br />if
<br /> or responsibility by ENGINEER shall create , impose , any, of an adjustment in the Contract Price or Contract
<br /> or give rise to any duty in contract, tort, or otherwise Times , or both , that should be allowed as
<br /> a result of a
<br /> owed by ENGINEER to CONTRACTOR , any Subcon - Work Change Directive , a Claim may be made
<br /> tractor, any Supplier, any other individual or entity, or therefor as provided in paragraph 10 . 05 .
<br /> to any surety for or employee or agent of any of them .
<br /> 10 . 02 Unauthorized Changes in the Work
<br /> B . ENGINEER will not supervise , direct, control ,
<br /> or have authority over or be responsible for A. CONTRACTOR shall not be entitled to an
<br /> CONTRACTOR ' s means , methods , techniques , se- increase in the Contract Price or an extension of the
<br /> quences , or procedures of construction , or the safety Contract Times with respect to any work performed
<br /> precautions and programs incident thereto , or for any that is not required by the Contract Documents
<br /> as
<br /> failure of CONTRACTOR to comply with Laws and amended , modified , or supplemented as provided in
<br /> Regulations applicable to the performance of the paragraph 3 . 04 , except in the case of an emergency
<br /> Work. ENGINEER will not be responsible for as provided in paragraph 6 . 16 or in the case of
<br /> CONTRACTOR ' s failure to perform the Work in uncovering Work as provided in paragraph 13 . 04 . 13 ,
<br /> accordance with the Contract Documents .
<br /> 10 . 03 Execution of Change Orders
<br /> C . ENGINEER will not be responsible for the
<br /> acts or omissions of CONTRACTOR or of any A . OWNER and CONTRACTOR shall execute
<br /> Subcontractor, any Supplier, or of any other individual appropriate Change Orders recommended by ENGk
<br /> or entity performing any of the Work. NEER ( or Written Amendments ) covering :
<br /> D . ENGINEER ' s review of the final Application 1 . changes in the Work which are :
<br /> ( i )
<br /> for Payment and accompanying documentation and all ordered by OWNER pursuant to paragraph
<br /> maintenance and operating instructions , schedules , 10 . 01 . A, ( ii ) required because of acceptance of
<br /> guarantees , Bonds , certificates of inspection , tests defective Work under paragraph 13 . 08 . A or
<br /> 00700 - General Conditions REV 5- 10- 13.doc
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