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