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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 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 of
<br /> be referred initially to ENGINEER in writing, in inspections, tests, and approvals that the results
<br /> accordance with the provisions of paragraph 10.06, certified indicate compliance with, the Contract
<br /> with a request for a formai decision. Documents.
<br /> B. When functioning as interpreter and judge E. The limitations upon authority and responsibil-
<br /> under this paragraph 9.09, ENGINEER will not show ity set forth in this paragraph 9.10 shall also 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, or
<br /> by Laws or Regulations in respect of any such Claim, revisions in the Work by a Written Amendment, 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, 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 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 ENGI-
<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.doe
<br /> 00700-29
<br /> FAP ublic Works\E N G I N EE R I NG DIVISION PROJECTS1121O-Sandridge Driving Range Tee Renovation\Admimlbid documents100700-General Conditions REV 04-07.doc
<br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:09-OfficialDocuments:9069,Attachment Id 1,Page 96
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