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this 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
<br />as provided in paragraph 14.07) will be a condition
<br />precedent to any exercise by OWNER or
<br />CONTRACTOR of such rights or remedies as either
<br />may otherwise have under the Contract Documents
<br />or by Laws or Regulations in respect of any such
<br />Claim, dispute, or other matter.
<br />9.10 Limitations on ENGINEER's Authority and
<br />Responsibilities
<br />A. Neither ENGINEER's authority or respon-
<br />sibility under this Article 9 or under any other provi-
<br />sion of the Contract Documents nor any decision
<br />made by ENGINEER in good faith either to exercise
<br />or not exercise such authority or responsibility or the
<br />undertaking, exercise, or performance of any
<br />authority or responsibility by ENGINEER shall create,
<br />impose, or give rise to any duty in contract, tort, or
<br />otherwise owed by ENGINEER to CONTRACTOR,
<br />any Subcontractor, any Supplier, any other individual
<br />or entity, or to any surety for or employee or agent of
<br />any of them.
<br />B. ENGINEER will not supervise, direct, control,
<br />or have authority over or be responsible for
<br />CONTRACTOR's means, methods, techniques, se-
<br />quences, or procedures of construction, or the safety
<br />precautions and programs incident thereto, or for any
<br />failure of CONTRACTOR to comply with Laws and
<br />Regulations applicable to the performance of the
<br />Work. ENGINEER will not be responsible for
<br />CONTRACTOR's failure to perform the Work in
<br />accordance with the Contract Documents.
<br />C. ENGINEER will not be responsible for the
<br />acts or omissions of CONTRACTOR or of any
<br />Subcontractor, any Supplier, or of any other individual
<br />or entity performing any of the Work.
<br />D. ENGINEER's review of the final Application
<br />for Payment and accompanying documentation and
<br />all maintenance and operating instructions,
<br />schedules, guarantees, Bonds, certificates of
<br />inspection, tests and approvals, and other documen-
<br />tation required to be delivered by paragraph 14.07.A
<br />will only be to determine generally that their content
<br />complies with the requirements of, and in the case of
<br />certificates of inspections, tests, and approvals that
<br />the results certified indicate compliance with, the
<br />Contract Documents.
<br />E. The limitations upon authority and responsi-
<br />bility set forth in this paragraph 9.10 shall also apply
<br />to ENGINEER's Consultants, Resident Project Repre-
<br />sentative, and assistants.
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />10.01 Authorized Changes in the Work
<br />A. Without invalidating the Agreement and
<br />without notice to any surety, OWNER may, at any
<br />time or from time to time, order additions, deletions, or
<br />revisions in the Work by a Written Amendment, a
<br />Change Order, or a Work Change Directive. Upon
<br />receipt of any such document, CONTRACTOR shall
<br />promptly proceed with the Work involved which will be
<br />performed under the applicable conditions of the
<br />Contract Documents (except as otherwise specifically
<br />provided).
<br />B. If OWNER and CONTRACTOR are unable to
<br />agree on entitlement to, or on the amount or extent, if
<br />any, of an adjustment in the Contract Price or
<br />Contract Times, or both, that should be allowed as a
<br />result of a Work Change Directive, a Claim may be
<br />made therefor as provided in paragraph 10.05.
<br />10.02 Unauthorized Changes in the Work
<br />A. CONTRACTOR shall not be entitled to an
<br />increase in the Contract Price or an extension of the
<br />Contract Times with respect to any work performed
<br />that is not required by the Contract Documents as
<br />amended, modified, or supplemented as provided in
<br />paragraph 3.04, except in the case of an emergency
<br />as provided in paragraph 6.16 or in the case of
<br />uncovering Work as provided in paragraph 13.04.B.
<br />10.03 Execution of Change Orders
<br />A. OWNER and CONTRACTOR shall execute
<br />appropriate Change Orders recommended by ENGI-
<br />NEER (or Written Amendments) covering:
<br />1. changes in the Work which are: (i)
<br />ordered by OWNER pursuant to paragraph
<br />10.01.A, (ii) required because of acceptance of
<br />defective Work under paragraph 13.08.A or
<br />OWNER's correction of defective Work under
<br />paragraph 13.09, or (iii) agreed to by the
<br />parties;
<br />2. changes in the Contract Price or
<br />Contract Times which are agreed to by the
<br />parties, including any undisputed sum or
<br />amount of time for Work actually performed in
<br />accordance with a Work Change Directive; and
<br />00700 - General Conditions REV 5-10-13
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<br />FAPublic Works\ENGINEERING DIVISION PROJECM1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Bid Documents\Master Contract Documents100700 - General Conditions
<br />REV 5-10-13.doc
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