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e <br />40 <br />IMPI binding upon OWNER and CONTRACTOR, unless, within ten (10) days atter the date of any such <br />decision, either OWNER or CONTRACTOR delivers to the other panty to the Agreement and to <br />ENGINEER written notice of intention to appeal from such a decision. <br />Decisions on Disputes: <br />9.l 1 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge <br />of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the <br />acceptability of the Work or the interpretation of the requirements of the Contract Documents <br />pertaining to the performance and fumishing of the Work and claims under Articles i I and 12 in <br />respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER <br />in writing with a request for a formal decision in accordance with this paragraph which ENGINEER <br />will render in writing within a reasonable time. Written notice of each such claim, dispute and other <br />matters will be delivered by a claimant to ENGINEER and the other party to the Agreement <br />promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise <br />thereto, and written supporting data will be submitted to ENGINEER and tate other party within sixty <br />(60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim. <br />9.12 Wlten functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not <br />show partiality to OWNER or CONTRACTOR and will not be liable in connection with any <br />interpretation or decision rendered in good faith in such capacity. The rendering of a decision by <br />ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other <br />matter (except any which have been waived by the making or acceptance of final payment as <br />provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or <br />CONTRACTOR of such rights or remedies as either may otherwise have under the Contract <br />Documents or by Laws or"Regulations in respect of any such claim, dispute or other matter. <br />Limitations on ENGINEER's Responsibilities: <br />9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents <br />nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority <br />shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, <br />any Supplier, or any other person or organization performing any of the Work, or to any surety for <br />any of them. <br />9.14 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as <br />allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", <br />'.suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to <br />describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended <br />that such requirement, direction, review or judgment will he solely to evaluate the Work for <br />compliance with the Contract Documents (unless there is a specific statement indicating otherwise). <br />The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or <br />authority to supervise or direct the furnishing or performance of the Work or any duty or authority <br />to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. <br />9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences <br />or procedures of construction, or the safety precautions and programs incident thereto, and <br />ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work <br />in accordance with the Contract Documents. <br />9.16 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any <br />Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of <br />the Work. <br />GGNERAL CONDITIONS <br />GC - 21 <br />