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F] r that ENGIN EER Ix i-- -11 riot pmducc a nompkxcd Project LW nonfarm to the contrace'Dcumenu or that WM preytsclice the intmgsaty Oi the design OXWXtx of the con ed Project as a functkx irts whole as indicated by the C ruratt 00DOMGnts. ENGINEER will also have authority to teei'ure sial inspoc- tion or testing of the Worst as proyidod in paragraph 13.9. whatlux or not the Worst is fahtimled. iuWkd or completed. shnp Lirvx.i:rrr. Chen ;e Orden and P4? - 9.7. to roruwction with ENGINEER tiawhoft as l h 6-M 90 Shop Drawin pand 5arnpits. see pa inclusive. 9.t. In connection with ENGINEER's authority as to ChaW Ordcrat. see Articles 10. I I- and 11- 9.9. in ex npcedon with ENGINIEER'a atdhtirity as !ho Appliataons for Payment- sat Article 11, p,uypw� ns for unit Prkri: 9.10. ENGINEER will detcrminc the SMW quLAt:wk%antd tSasstrcadortt of Unit F4ioc Worst perfortncd by CONTRAC- TOF. EVOINFIF. w*ll .ry rw wfwh r5r7FfTFtAt-MR ty - FN- GIN1 ER's prdiirnio-y dcterm rr d-1 ort Oxh moors bd— radeaing a wrirrus decision the moo (by motion of an Apptk=ion for Payrrscm or otherwise). ENG WEER's wrr ten decision thereon will be final and binding upon OWNER and CNTR,µl2'filR- unkm within ueaa days afar the dam of any such dads;M. either OWNER or CONTRAMR delivers to the other and to ENGINEER written sena of intention to appal from ENGWEER's decision and: lil an appeal from ENGINEER's dccision is taken whhio the time limits and in ,ccord.= with the prvccdums set forth in Exiubil GC -A. 'UsPutc Resolution Agreement." entered into between OWNED[ uA CONTRACMR puruum to Article Ib. or OR if no such f7is;wsc Rcsoluion Agrserncnt has been entered into. a fomvl procced.trlg is instituted by the MnxW4 Parry in a forum of can pacm juriuiiciiOn to exercise tach rithts or ENGINEER s derision. unless Otherwise speed in wrid" by OWNER and CONTRACMtL 5eseh appeal will. not be sub�iect to the pn>coduiwes Of I—$riPh 9.11. 1)ccWom as Oitpu—: 9.11. ENGINEER will be the 'initial interpreter of the requirements of the Contract Do -menu and judge of the acceptability of the Work thereunder: Claims, disputes and other matters relating to the acceptability of the Werk or the interprttuion of the requirements of the Contract Documents pertaining to site performance and furnishing of the Work and Claims redder Articles I and 12 in respect or changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a rectucst for a formal derision in accordance with this para;raph. Wrinen fw'--c of each such claim. dispute or other matter uwi11 be delivered by the claimant to ENGINEER uxltheotherpartytotheAVtcff rttpromfxly tbuc in no cyou tater than thirty daysl aha the trot of the occur once or c VM thigh; rise thereto, sad wr ttm supporting data wnit be submhted to ENGINEER and the other party within sixty days after the stern of Loci; *ec wrcr= or event unkts ENGINEER allows an add hionA period of time for the subosissioet of s"tkxW or tnsx tterrurate d= in of ssuh claim- tf we or other Ria= Zia Opposing patty shall tubrrtit any mqortu to ENGINEER aed the dslmmt within U11Yry days after rt +t of tit C1SIrt9A[�� taSt allblttY l �fttl lCa'3 ENGINE Mk allows asiditkxW thUCL ENGTT4EER will trader a formal dmhon on iu wrong wOm thirty days aft- M0*4 of the oto party's tmbmi=L Jr ray, in jecosrdartec wM this p srapaph, ENGMEER's w00= dociskc an tach chum. ditputc of other trance will be final and btudirs tepee OWNER tad COIR urdcu: [I) an appal from ENGINE -ER's d.,,w,o is taken within the rune Umisa and its aaeadaaoe'with tate set fords is E)CHfBR GC,iI. "`Diaa�ue Rcso- s, ernteard shoo herr ecn GINNER rad C 0N- TRACICIR pursamM to Article I& or nu If no shads Dirixae Resohom A ocroeat has been cohered issm. a wtiucrt 11406m of intension to appeal from ENGINEER'a t wts u= detasion is de6vess4 by OWNER or CON ItAMR to tee Other and to ENGIN EXR wishin. thirry day's after the date of such derision and a (enrol Parafi its by the appot iunt Gey in a forurti of eornp amt Jwtsdiction to csexrtsc such rights or rcvvedmm U the sPpcalinc Icy may have with respact to turh Maim, dispurtc or other. _tatter in accordance wwhh applicable Laws end Regulations wi%kdn sixty days of the date of tsx-h dec4ipn, uruess otherwise aslcexd in wrtung by OWNER and CONTgACMR. 9.12. When fwtuionsng as interpreter and judtc under paragraphs 9.10 and 9.11. ENGINEER will sat show partiality to OWNER or COMPVCI'OR and will not be liable in eOnneesion with any intcrtmcW- or derision rendered in good faith in such csparsty. The rettd.t in; of a derision by ENGINEER pursuant to par-agtsphs'9.10 err 9.11 with rcs;aea ro any such claitm dispute or other nwtr (cxaxpt arty wiaich hive batt waived by the Mtking of-rxPuncc of f1ns1 payment as prcvidcd in paragraph t4.1'6) wail be a condition precedent to any exercise by OWNER or CONTRACTOR Of such rights err tcriedies as eiUicr may otherwise have under the Contract Docun=Ls or by Laws or RegtetariOns in mpoct of any surlt claim. dispute or other moues Pursuant to Article 16. 9. U. lienor xiaaer ars ENGINEER's Aud-O rued Rcspartrt2"ai 9.13.1. Newscr ENGINEER's authority err rIMPO allail- ity under this Article 9 or under any other Pmvisiotl of the COnvact DOeuntcnts norany do -isles mldc by ENGINEER in stood faith tither to ex erase or n K exercise such authority or responsibility or the unduukint. cxerriie err performance of any authority Or responsibility by ENGINEER shall create. tMPOse or give ries to any duty owed by ENGINEER to CONTRACTOR- any Subconuactor, any Supplier. any other person or OrtartiMZ.tion. or to any surety for or cm• ptoyee or agent of any Of than 00100-32