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as a functioning whole as indicated by the Contract the Contract Documents pertaining to the
<br /> Documents . These may be accomplished by a Field performance of the Work , and Claims seeking
<br /> Order and will be binding on OWNER and also on changes in the Contract Price or Contract Times
<br /> will
<br /> CONTRACTOR , who shall perform the Work involved be referred initially to ENGINEER in writing , in
<br /> promptly. If OWNER and CONTRACTOR are unable accordance with the provisions of paragraph 10 . 05 ,
<br /> to agree on entitlement to or on the amount or extent, with a request for a formal decision ,
<br /> if any , of any adjustment in the Contract Price or
<br /> Contract Times , or both , as a result of a Field Order, B . When functioning as interpreter and
<br /> judge
<br /> a Claim may be made therefor as provided in under this paragraph 9 . 09 , ENGINEER will not show
<br /> paragraph 10 . 05 . partiality to OWNER or CONTRACTOR and will not
<br /> be liable in connection with any interpretation or
<br /> 9 . 06 Rejecting Defective Work decision rendered in good faith in such capacity. The
<br /> rendering of a decision by ENGINEER pursuant to
<br /> A. ENGINEER will have authority to disapprove this paragraph 9 . 09 with respect to any such Claim ,
<br /> or reject Work which ENGINEER believes to be dispute , or other matter (except any which have been
<br /> defective , or that ENGINEER believes will not waived by the making or acceptance of final payment
<br /> produce a completed Project that conforms to the as provided in paragraph 14 . 07) will be a
<br /> condition
<br /> Contract Documents or that will prejudice the integrity precedent to any exercise by OWNER or
<br /> of the design concept of the completed Project as a CONTRACTOR of such rights or remedies as either
<br /> functioning whole as indicated by the Contract may otherwise have under the Contract Documents
<br /> Documents . ENGINEER will also have authority to or by Laws or Regulations in respect of any
<br /> such
<br /> require special inspection or testing of the Work as Claim , dispute , or other matter.
<br /> provided in paragraph 13 . 04 , whether or not the Work
<br /> is fabricated , installed , or completed . 9 . 10 Limitations on ENGINEER 's Authority and
<br /> 9 . 07 Shop Drawings, Change Orders and Responsibilities
<br /> Payments A. Neither ENGINEER ' s authority or respon -
<br /> sibility under this Article 9 or under any other provision
<br /> A. In connection with ENGINEER 's authority as of the Contract Documents nor any decision made by
<br /> to Shop Drawings and Samples , see paragraph 6 . 17 . ENGINEER in good faith either to exercise or not
<br /> exercise such authority or responsibility or the
<br /> B . In connection with ENGINEER ' s authority as undertaking , exercise , or performance of any
<br /> to Change Orders , see Articles 10 , 11 , and 12 . authority or responsibility by ENGINEER shall create ,
<br /> impose , or give rise to any duty in contract, tort, or
<br /> C . In connection with ENGINEER ' s authority as otherwise owed by ENGINEER to CONTRACTOR ,
<br /> to Applications for Payment, see Article 14 . any Subcontractor, any Supplier, any other individual
<br /> or entity , or to any surety for or employee or agent of
<br /> 9 . 08 Determinations for Unit Price Work any of them .
<br /> A. ENGINEER will determine the actual quanti- B . ENGINEER will not supervise , direct, control ,
<br /> ties and classifications of Unit Price Work performed or have authority over or be responsible for
<br /> by CONTRACTOR . ENGINEER will review with CONTRACTOR ' s means , methods , techniques , se-
<br /> CONTRACTOR the ENGINEER ' s preliminary quences , or procedures of construction , or the safety
<br /> determinations on such matters before rendering a precautions and programs incident thereto , or for any
<br /> written decision thereon ( by recommendation of an failure of CONTRACTOR to comply with Laws and
<br /> Application for Payment or otherwise) . ENGINEER ' s Regulations applicable to the performance of the
<br /> written decision thereon will be final and binding Work. ENGINEER will not be responsible for
<br /> (except as modified by ENGINEER to reflect changed CONTRACTOR ' s failure to perform the Work in
<br /> factual conditions or more accurate data ) upon accordance with the Contract Documents .
<br /> OWNER and CONTRACTOR , subject to the
<br /> provisions of paragraph 10 . 05 . C . ENGINEER will not be responsible for the
<br /> acts or omissions of CONTRACTOR or of any
<br /> 9 . 09 Decisions on Requirements of Contract Subcontractor, any Supplier, or of any other individual
<br /> Documents and Acceptability of Work or entity performing any of the Work.
<br /> A. ENGINEER will be the initial interpreter of the D . ENGINEER ' s review of the final Application
<br /> requirements of the Contract Documents and judge of for Payment and accompanying documentation and
<br /> the acceptability of the Work thereunder. Claims , all maintenance and operating instructions ,
<br /> disputes and other matters relating to the acceptability schedules , guarantees , Bonds , certificates of
<br /> of the Work , the quantities and classifications of Unit inspection , tests and approvals , and other documen -
<br /> Price Work , the interpretation of the requirements of tation required to be delivered by paragraph 14 . 07
<br />. A
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