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410 <br />40 <br />4R <br />4.2.5 Tlic Architect will have-anlhority4o reject Work that does not conform to lite Contract Doeumenis. Whenever the <br />Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in <br />accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated. installed or completed. 14owwcvcr, <br />neither this authority of the Architect nor a decision made in good failh either to exercise or not to exercise such authority shall <br />give rise to a duty or responsibility of the Architect orlite Owner to the Contractor, Subcontractors, material and equipment <br />suppliers, their agents or employees, or other persons or entities performing portions of lite Work. <br />4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop <br />Drawings, product Data and Samples, but only for lite limited purpose of checking for conformance with information given and <br />the design concept expressed in the Contract Documents, Tile Architect's action will be taken with such re4isonablc promptness <br />as to cause no delay in the Work or in the activities of the Chimer. Contractor or separate contractors, awhile allowing sufficient <br />time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the <br />purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating <br />instructions for installation or performance of equipment or systems, all ofwhich remain lite responsibility of the Contractor as <br />required by lite Contract Documents. The Architect's review of tale Contractor's submittals shall not relieve the Contractor of <br />the obligations under Paragraphs 3.3, 3.5 and 3, 12. rhe Architect's teviciv shall not constitute approval of safety precautions or, <br />unless otherwise specifically stated by the Archilecl, of any construction means, methods, techniques, sequences or procertures. <br />The Architect's approval of a specific item shall not indicalc approval of an assembly of which iltc item is a component. <br />4.2.8 The Architect will prepare Change Orders and Construction Change Directives. and may, with the prior written <br />approval of the Owner's RepL=ntative. authorrre minor changes in lite Work as provided in paragraph 7.-t. <br />4.2.9 The Architect will conduct inspections to deterinine the dalc or dates of Substantial Completion and lite date of final <br />completion, will receive and forward to lite Owner, for the Owner's review and records, written warranties and related <br />documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon <br />compliance with the requirements ofthe Contract Documents. <br />4.2.10 if the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying <br />out the Architect's responsibilities at lite site. The duties. responsibilities and limitations of authority of such project <br />representatives t. 'fany. shall be as set forth in an exhibit to be incorporated in lite Contract Documents. <br />4.2.11 The Architect will interpret and decide matters conecruing performance tinder, and requirements of, the Contract <br />Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in <br />writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the <br />time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2. then delay <br />shall not be recogniz.cd on account of failure by the Architect to furnish such interpretations until 15 days aflcr written request <br />is made for (atent, <br />4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the <br />Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions. <br />the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and <br />will not be liable for results of interpretations or decisions so rendered in good faith. <br />4.2,13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in <br />the Contract Documents, <br />4.3 CLAIMS AND DISPUTES <br />4.3,1 Definition. A Claim is a demand or assertion by one of lite parties seeking, as a matter of right, adjustment or <br />inEea3lrekotion of Contract terms, payment of money, extension of time or other rcher with respect to the terms of the Contract. <br />The term "Claim" ;also includes other disputes and matters in question between lite (Av1.cr and Contractor arising out of or <br />relating to the Contract. Claims must be initiated by written notice. The responsibility-le-substantiaterC1aims Shull -Pmt- ilh -the <br />party -making -the Claim. Claim .shall be nitialcei b written notirc and studI Ix expressly stet tl ty be a Claim_yaneler tills <br />AiA 1X)C(_INJF N'r A201 AWNFRAL CONDITIONS 01:1 HEMMIRWr FOR CONSTRI!e'ri V N - 1997 Fnrrn t N - AIA - 4VO PY n n H I r I V)7 - Till, AhtpRIcAN <br />IN57TRr17 OF ARCna77?;t.", 17.15 Nliw Ylaltli. AVF.NIIF. NAV, WA SIRNOTON". 0-V 204.HKi 5292, WARNINYi1,htA,"1 hS winlMui tpS. <br />mpyogit laws mJ will rwbiva slat violal<rr tis kwl pnwX.Jinn. 7hn drain nl wag cltAbInMAY pa.ulu W wdh pcmiiw+un ordie AIA aril � tx urrxluuA %Ohmst <br />%J'Attim unliI Sha Jute urcvirwitir ar (1utO k1QW. <br />Electronic Format A201-19517 <br />User Document. VF.RO -- 7/11/24 N R AIA License Nmlllx;t 10•161W, "11 id i csplres on 1/61211)1 -- Page 01 J <br />