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CA <br />• <br />this ENGINEER believes -lime ppodace a cemaploted Pmject <br />that conforms to the Contract Documcnts or that will prejudice <br />the integrity of die do sight concco of the completed Project as <br />a functioning whale as indicated by the Conti= Docttttxttts. <br />ENGINEER will also have authority to require Special iraT--- <br />tion or testing of the Work as Provided in Paragraph 13.9. <br />whether ,,(R the Work is fabricated. inttaltcd or completed. <br />Shap 1)nr iFW. Chunee Ord -,vi and Parataruz <br />9.7. In connection with ENGINEER atnhOdtY�as h4 o <br />Shop Drawings and Samples. sec Puz-mp <br />inetU3 M <br />9.8. in connection with ENGME R's authority u to <br />Change ()rdct3. sec Articles 10. 11. and 12- <br />9.9. In cotntcdon with ENGINEER'% atnlxnfily as to <br />Appliadons for PaymcnL see Article 14. <br />D,U,6 ctgnr Ar firm[ Priers: <br />9.10. ENGINEER wilt determine the acusal quantities am <br />&,ss]larations of Unit price work perfomsed by CONi' ACv- <br />TOR_ ER's orEER will dreview <br />ter irrati on such tnuters befia <br />with CONTRACMR the EN- <br />GINEER`s prellm=natY <br />rendering a wrinen decision thereon (by rteatttmusdati= Of an <br />Application for Payment or otherwise)- ENGINEER'S written <br />derision thercxm wall be firw and bindint upon OWNER and <br />C -g1. TRACMR. untesa, within ten days after the date of any <br />stsctn decision, either OwNER or CONTRACMR delivers to <br />the other and to ENGINEER written notice Of intention to <br />appeal from ENGINEEWs decision and: fit an appeal from <br />ENGINEER'S decision is taker[ within the time limits and in <br />accordance with time ptoeedures act forth in Exhibit GC -A. <br />``Dispute Resolutkm AF—tic, entered into between <br />OtVNER and CONTRACMR ptsr tixW to Article 16. or fill if <br />no such Dispute' Resolution Agreement has been enured into.. <br />a [Drool proeOrd4ng is instituted by "Sppealing puny in a <br />forum ttt <br />of copetem. jurisdiction to exercise such right or <br />mnadies as the appealing party may. Itave with respect to <br />ENGINEER's decision, unless otherwse aprrcd in writing by <br />wi1 <br />1n� be <br />tyi�FP�t. and G V Cl t 1(f�i.; UU i5.." -.u:;1 i ��}�=1 ' <br />to the procedures of paragraph 9.11. <br />pceisiurts ON D p,.+.tr <br />a 1e. FpIG(NEER will be the initial interpreter of the <br />requit2tncnLs of the %aorra+Gt Documents and judge of the <br />r -t{xairility of the Work thereunder. Clairns. disputes and <br />Other ataaters relating to the acccp[xbflity of [k,c Wok or the <br />intersriciai+r,°: ritlw. rw ^-n" of rite ('nnirsrt Locuments <br />pcnaining to Lhc perforlim— and furrnishing of tilt Work and <br />Cairns under Articles II and 12 in respect of changes in the <br />Contract Price or Cnntraet Times will be referred initially to <br />ENGINEER in wridng with a request for a formal decision in <br />a,rcrodum with this paragraph. Wtiften ttouee of each such <br />i ea.t other M?11CtV 17I he dr'irtlY.a t.y"t"r Cl3 r^[lan[ <br />Chdrrr, <br />I o ENGINEER attd the other parry to the Agraement promptly <br />Ibut in no event later thsri thirty daysl ahcr the cart of the <br />occurrence orevent giving rise thereto. and written suppordris <br />dale wall be submitted to ENGINEER and the other pang <br />within sixty days after the start of stetti occssnence or event <br />unless ENGINEER allows an wMitioad period of time for the <br />submission of additiaura] Or mOm am= duo in supPost of <br />such claim. dispute or other macer. The opposing patty clad <br />submit tray rtxpansc to ENGINEER and the etaLwAt wit!dn <br />orty days Sher receipt of the claimant's list submit al (unless <br />ENGINEER allows additional time 1. ENGINEER will reader <br />a femt_j decision in writing within thirty days after receipt of <br />the Opposing prarey's subnmimat.. if any. in accordance with titin <br />py,V"h. SNGINEEWS written decision an such claim <br />dispute ortitres rturtAar will be fins1 arch binding upon OWNER <br />and CONIFAMR unlesr. fit an appeal from ENGINEER's <br />decision is taken + idlin the tune liaties and in act ante with <br />the procedures set fes n en OWNER rind C ON- <br />lutiott AUcesxat-'" <br />'i RAMR pur=mt to Article 16. or ill if no such f}iWele <br />Resoltuian Apoesrent has been entered into. a wriaen notice <br />of intention to appcal from ENGINEER's written decision is <br />delivered by OWNER or CON YCRACMR to the other and to <br />ENGINEER within thirty days after the date of such decision <br />and a formal proceeding is insdntted by the appealing party in <br />a [arum of ccmpctcm jurisdiction to exereise such rights or <br />remedies u the appealing parry "nay have with respect to such <br />claim, disputa or other nutter in x=rdamc with appllcabtc <br />Laws and Regulations within sixty days of the date of stieh <br />decision. unless Otherwise agreed in writing by oVINER and <br />Gc i!TTRACTOR. <br />9.17, When functioning as interpreter and judge under <br />pas graphs 9.10 and 9.l h. ENGINEER will not show partiality <br />to OWNER or coNTRAC.'IC)R and wilt not be liable in <br />connection with any interpretation or decision rendered in <br />good faith in such capacity. The tendering of a decision by <br />ENGINEI:R pursuant tO ParagraPhs 9. t0 or 9.I i with m5pe;ee <br />to any such claim. dispute or other miner (except any which <br />have been waived by the making err acc-pence of final <br />payment as provided in paragrapin 14.161 will be a condition <br />prtvc, sn to any exercise by C ViNER or CONTRACTOR Of <br />such rig -Ms or remedies as either may otherwisc havewader the <br />Co nLmzt ijocuinertt5 or iziy Law1 w nc�.•yl`•:;'•^:any such claim. dispute.. or other muter pursuasat to Article l6. <br />9.L3. Lirruumonr are ENGIA'EFR's Atuiaorkf and Ru}wruxUTLdev <br />uytti.rr L.AGINEER's authority or respansibil <br />ity under this Article 9 or under any other Provision Of the <br />Contract Documeaats nor any derasian made by ENGINEEJh <br />in good faltlt either to exercise of not exartisc such authority <br />orrespotnibstityorthe undMAUki-ems=ecrtv'6o' = <br />of any authority or responsibility by E�NGINEL %Frail <br />crate. impose or give rise to any duty owed by ENGINEER <br />ro CONTRACTOR- any Subcomractor. uty Supplier. ar.,- <br />other person or O{ganintran. of to any surety for or can- <br />ployec or agent of any of thcM. <br />