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CONTRACTOR of such rights or remedies as either ARTICLE 10 -CHANGES IN THE WORK, CLAIMS
<br /> may otherwise have under the Contract Documents or
<br /> by Laws or Regulations in respect of any such Claim,
<br /> dispute, or other matter 1001 Authorized Changes in the Work
<br /> 9.10 Limitations on ENGINEER's Authority and A. Without invalidating the Agreement and
<br /> Responsibilities without notice to any surety, OWNER may, at any time
<br /> or from time to time, order additions, deletions, or
<br /> A. Neither ENGINEER's authority or respon- revisions in the Work by a Written Amendment, a
<br /> sibility under this Article 9 or under any other provision Change Order, or a Work Change Directive. Upon
<br /> of the Contract Documents nor any decision made by receipt of any such document, CONTRACTOR shall
<br /> ENGINEER in good faith either to exercise or not promptly proceed with the Work involved which will be
<br /> exercise such authority or responsibility or the performed under the applicable conditions of the
<br /> undertaking, exercise, or performance of any authority Contract Documents (except as otherwise specifically
<br /> or responsibility by ENGINEER shall create, impose, provided)
<br /> or give rise to any duty in contract, tort, or otherwise
<br /> owed by ENGINEER to CONTRACTOR, any Subcon- B. If OWNER and CONTRACTOR are unable to
<br /> tractor, any Supplier, any other individual or entity, or agree on entitlement to, or on the amount or extent, if
<br /> to any surety for or employee or agent of any of them. any, of an adjustment in the Contract Price or Contract
<br /> Times, or both, that should be allowed as a result of a
<br /> B ENGINEER will not supervise, direct, control, Work Change Directive, a Claim may be made
<br /> or have authority over or be responsible for therefor as provided in paragraph 10 05
<br /> CONTRACTOR's means, methods, techniques, se-
<br /> quences, or procedures of construction, or the safety 10 02 Unauthorized Changes in the Work
<br /> precautions and programs incident thereto, or for any
<br /> failure of CONTRACTOR to comply with Laws and A. CONTRACTOR shall not be entitled to an
<br /> Regulations applicable to the performance of the increase in the Contract Price or an extension of the
<br /> Work. ENGINEER will not be responsible for Contract Times with respect to any work performed
<br /> CONTRACTOR's failure to perform the Work in that is not required by the Contract Documents as
<br /> accordance with the Contract Documents amended, modified, or supplemented as provided in
<br /> paragraph 3 04, except in the case of an emergency
<br /> C ENGINEER will not be responsible for the as provided in paragraph 6.16 or in the case of
<br /> acts or omissions of CONTRACTOR or of any uncovering Work as provided in paragraph 13.04.13
<br /> Subcontractor, any Supplier, or of any other individual
<br /> or entity performing any of the Work. 10.03 Execution of Change Orders
<br /> D. ENGINEER's review of the final Application A. OWNER and CONTRACTOR shall execute
<br /> for Payment and accompanying documentation and all appropriate Change Orders recommended by ENGI-
<br /> maintenance and operating instructions, schedules, NEER (or Written Amendments) covering.
<br /> guarantees, Bonds, certificates of inspection, tests
<br /> and approvals, and other documentation required to 1. changes in the Work which are. (i)
<br /> be delivered by paragraph 14.07.A will only be to ordered by OWNER pursuant to paragraph
<br /> determine generally that their content complies with 10 01.A, (ii) required because of acceptance of
<br /> the requirements of, and in the case of certificates of defective Work under paragraph 13.08.A or
<br /> inspections, tests, and approvals that the results OWNER's correction of defective Work under
<br /> certified indicate compliance with, the Contract paragraph 13 09, or (iii) agreed to by the
<br /> Documents parties,
<br /> E. The limitations upon authority and responsibil- 2 changes in the Contract Price or
<br /> ity set forth in this paragraph 9.10 shall also apply to Contract Times which are agreed to by the
<br /> ENGINEER's Consultants, Resident Project Repre- parties, including any undisputed sum or
<br /> sentative, and assistants amount of time for Work actually performed in
<br /> accordance with a Work Change Directive, and
<br /> 3. changes in the Contract Price or
<br /> Contract Times which embody the substance of
<br /> any written decision rendered by ENGINEER
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<br /> REV 5-10-13.doc
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