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M 40 2.11.1.9 The Architect shall render initial deeisiions rcconlmcridations on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. flowever. the Architect's decisions on mailers relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representalivc of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations. or as otherwise agreed by tie Chvirer and (lie Architect all Article 2.8. (1) to become geiterolly familiar with and to lite best of his knowledge keep the Chy:ter informed about the progress and quality of the portion of the Work completed. (2) to endeavor to guard elle Owner against defects and deficiencies in the Work, and (3) to determine in -general if the Work is being performed in-a-trun rter-lndiciaing-that-4lie-Worms-when-fill_r-complelet.-will- a in accordance svilh the Contract Documents. Howover, the Architect shall not be required to make exhaustive or continuous on-site inspections to check (Ise quality or quantity of the Work. The Architect shall neither have control over or charge of. nor be responsible for, the construction means, methods, techniques. sequences or procedures. or for safety precautions and programs in connection with the Work. since these are solely the Contractor's tights and responsibilities under file Contract Documents. 2.6.2.2 The Architect shall report to the Owner in writinn known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perforin lite Work in accordance with the requirements of the Contract Documents. Tile Architect shall be responsible for the Architect's negligent acts or omissions. but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.2.4 Except as otherwise provided in this Agreement, or the Owner shall initially endeavor to communicate with the Contractor through lite Architect about (natters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.2.6 The Architect shall have•atlthonly-le refect Work that does not conform 10 the Contract Documents. W1lenevcr the Architect considers it necessary or advisable, the Architect will have authority' to require inspection or testing of the Work in accordance with lite provisions of the Contract Documents, whether or not such Work is fabricated. installed or completed. However, neillier ibis authority of lite Architect nor a decision made in goodf ailh either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or tilt Owner la the Contractor, Sub:ontraclors, material .and equipment suppliers. their agents or employees or other persons or cntitics perronning portions of lite Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2.6.3.1 The Architect shall review and certify the amounts dice the Contractor and shall issue Certificates for Payment in such auoun(s. The Architect's corlifrcation for payment shall constitute a representation to the Owancr, basial on the Architect's evaluation of lite Work as provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Paymei ' that the Work has progressed to (he point indicated and that, to lite best of the Architect's knowledge. infornialion and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing represctilations are subject (I) to an evaluation of the Work for conformance with lite Contract Documents upon Substantial Completion, (2) to results of subsequent - tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion. and (4) to specific qualifications expressed by the Architect. The issuance of a Ccrlificttc to Payment sirall.farther conslitutc a repmscntat on 4ha the Contractor is entitled to payment in the amount ecrtitied. 2°6.3.2 The issuance of a Certificate for Payment shall not be a representation thal (lie Architect has (1) trade exhaustive or continuous on-site inspections to check the quality or cluantily of the Work, (2) reyicived construction means. methods. techniques, sequences or procedures, (3) reviewed copies of requisitions received from 5ubcontraclors and material suppliers and other data requested by the Owner to substantiate the Contraclors right to payment. or (J) ascertained how or for svllot purpose the Contractor has used money previously paid on account of the Contract Sunt" 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for lhas meat. rlJrh 17tH;[Th1F:I+Tr n141.ST+4"vr7AEtID Frtfh;latil•:ItCIC1:5- x997 GJn"I"ION AIA-i'[II°w'kJ!tatl'1' 1497-'37t1':.�lIFiHICJW fN3"I'Slir[lipl°;I]iC'lil'IEC`I'ti. 1735 NJ -.W YORK AVENUE N.W., %"N.iluN(J rON. DC X0006.5292. N'AHN€NQ t'na Lin-. t phut,"- wing clidal w t 1-1. �Inriod laws and ;rill sabimi aha %iolatm I.'gal gl arvti°.r�. '��is+h.+Ea+ntu�t wa elairuni�aUy' pnaluuud wiUtpu-tnisRiiwn ol'ahu AtA atd,..u+ tic rrpn.Nruu %%1t11otol riolatim until die &to. ol'oparm n m mood W, ow Elt-Oronic Formai 131.11-1197