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40 C-1 i that ENGINEER believes will not producea tximpkted Frojea qW conforms to the Contract Documents or that will prejudice dtc integrity of the design OM—Pt Of the compkted i'rvicct as a fumtnoning tvWc as indicated by the Contract Doountents. ENGINEER will sjw have authority to requin: special inspec- bort or testing of the Work as provided in patagsaph 13.9. whether or nag the Work is fabricutd. installed or completed. $h,p pruwi+r4r, Ch wrr Orden and P4:- 9,7. to connecdon with ENGINEER'& authority as to Shop Drawinps and Samples. sec pasmphs 6-24 tluough 618 inclusive. 9.8. In connection with L•NGINEER's authority as tO Charas Orders, see Articles t6. 11. and 12. 9.9. In cmviwion with ENGINEER's audio+ity as to Applications fat payment. see Article 14. Dom= jar Unit Prk": 9.10. ENG [NEER will determine the sctuil cluattutica and eiassificatxot 3 of Unit Price Work pet'fottncd by COt"RAC- TOR. ENGINM. wilt review with CONTRACTOR die Ely. GTNEER'& prel rn retry deU=nizdans on such nntttcrs before rendering a written decision thexcon (by recotauneDdats'on of in Appliratkn for }payment or otherwise). ENGINEWs written dcdsion U=To t will be final and binding upan OWNER and CON-IRi1CIOR unless. within tea days after the due of any such dacisim either OWNER or CONTRACTOR delivers m the other end to ENGINEER written notice of immndaai to appeal from. ENGINEER's decasion and., 1i} an appeal from ENGINEER's decision is taken wvitiiin the time limits and in sceordx= with the procedures act forth in Exhibit GC -A- -Dispute Rrsdutson Agrecnunt.-' entered into betwcr'n OWNER and CONTRAC TOR peuwaru to Article 16. or Til if no such Dispute Resolution AVv mcnt has been entered 'into. a ramal probing is inzrimted by the appealing party in a forum of compcmm jutMction to exercise such siyf u Or retnrxlies is the appealing party ntay have with rsspec[ to ENGINEF-k's decision.. unlats otherwise tprcd in waiting by OWNER and CONTRACTOP- Such appeal will not be subiect to the procedures of paragraph 9.11. Dmora on Dirpusex: 9.11. ENGINEER will be the initial intcrprercr' Of the requist_mcnrs of ChM Contr= Documents and judge of the uxeptabihty of ttte Want thereunder. Claims. disputes and other hatters relating to tkx actccptainlity of the Work or the intetptstuion or the rzquircment5 of tine Contract Docurnents pertaining to the performance and furnishing of the Work and CL1ima under Articles I I and 17 in respect of changes in the Contr= Price or Contract Times will be rtfeirvA initiAly to ENGINEER in wridng with a request for a formal decision in =Co dxnce with this paragraph. Written notice of sada such statim. d4Wc or other naner will be delivered by the dainunt to ENGINEER and the other party to the Agrxemcnt promptly [but in to event later than thiny dxy%f triter this scan of the occurresise orcv t giving rise thcrcmo. and wrutcrt supposing data will be submitted to ENGINEER taxi the other pnrry within sixty days rafter the strut of sudi Ocetu=noe a event unlcts ENGINEER alto" an add'rtkxW period of time for the submisxxion of addititrnal or mom &=a m data in satpport of stash claim. tCw= or [thea' msma. The opposing pay stall subtrtit tory respotssa± to ENO INEER end the claimant within thirty days atter receipt of the ciairnant's last submittal [unless ENGINEER allows additional dmel. ENGINEER will tender a fortrtal decision in writing within thirty days of er receipt of the opposing r%nY s submitral, if any, in accordance with thus pauags-a* ENGMEER's writtat decision on such claim. dispute or other macer will be final and binding upon OWNER and CONTRACTOR unlcss. t7 as tpPd from ENOINM's d=Woa is takes within the titre limits and in accordurae with the procedures m forth in EXMBITGC-A..-Dispute Reso- lutiott AVvemcnL,7 entered into bourses OWNER and CON- TRACTOR pw'stant to Article 16. tar Cul if tto sancta DisPutc Resolution Arreerr=d has been entered mw. a wriaart nerd= of invention w appeal &= ENGINEER': written decision it deiivacd by OWNER or CONTRACTOR to the other and to 'ENGINEER widtin thirty days after the dao of such decision and a fomW pnac ceding is instituted by the appealing party in a form of torope=t ptsrisdictian to exercise such tights or rerneriics as the appealing party may have with respect to such claim. dispute or other matter in acmrdsncc with appbcable laws and Regtda ions within sixty days of the elate of such decisim unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.t2. When functioning as interpreter and judge under puuxaphs 9.16 and 9. i 1. EIJGINEER will not show psniality to OWNER or CONTRACTOR and will not be liable in connection with any iatcrprcma on or decision rendered in good r2ith in such capacity. Tito trtndcring of a decision by ENGINEER pursuant to paragraphs 9.16 or 9.11 writ, respect to any such claim. dispute a other tnanrer rexccpt any which have b=1 vraived by the making or sccepnnac Or final payment As provided in paragmph 14.161 will be G acrAWon precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies ay either may otherwise 11ave under the Contract Docusrrerrts or by laws or Rc><utat}ons in respect of any such claim. dispute or athcr maucr pursttsril to Article 16. 4.13. m an p1a'G1NF�fi'r A rcharir* and Hulx�ecn?-:�r� bit - 9.13.1. Neither L•NGINI I:R's authority or rc:monsi, ity under this Article 9 oc under any other provision of the Contr4a Don Intnts nor anydccision mzdcby ENGINEER in good faith either to exercise or not exercise such sudiatity or responsibility or the undertaking. exeraie or performance of any authority of respori ibaity by ENGINEER slat! create, impose Or gt c use to any duty owed by ENGINEER to CONTRA=VL ant' SUbcCnrscsor. any Supplier. any other person or orputixuioo. err to any surety for Or ena- ptoyec or atrcnt of any of ttrcm. 00700-32