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provided in paragraph 9.10 and in the Supplementary <br />Conditions. If OWNER designates another represen- <br />tative or agent to represent OWNER at the Site who is <br />not ENGINEER's Consultant, agent or employee, the <br />responsibilities and authority and limitations thereon of <br />such other individual or entity will be as provided in the <br />Supplementary Conditions. <br />9.04 Clarifications and Interpretations <br />A. ENGINEER will issue with reasonable prompt- <br />ness such written clarifications or interpretations of the <br />requirements of the Contract Documents as ENGI- <br />NEER may determine necessary, which shall be <br />consistent with the intent of and reasonably inferable <br />from the Contract Documents. Such written <br />clarifications and interpretations will be binding on <br />OWNER and CONTRACTOR. If OWNER and CON- <br />TRACTOR are unable to agree on entitlement to or on <br />the amount or extent, if any, of any adjustment in the <br />Contract Price or Contract Times, or both, that should <br />be allowed as a result of a written clarification or <br />interpretation, a Claim may be made therefor as <br />provided in paragraph 10.05. <br />9.05 Authorized Variations in Work <br />A. ENGINEER may authorize minor variations in <br />the Work from the requirements of the Contract <br />Documents which do not involve an adjustment in the <br />Contract Price or the Contract Times and are compat- <br />ible with the design concept of the completed Project <br />as a functioning whole as indicated by the Contract <br />Documents. These Fnay he e PIdGhe.d by a Cieldd <br />pFemptly. If OWNER ;;Ad CONTRACTOR aFe URable <br />+e agFee OR entitlamer.+ +e or n. the -, .,+ a extent <br />(`ee+.ee+ Time- . 199th WI+ Of a Field QFder a <br />4&A5. <br />9.06 Rejecting Defective Work <br />A. ENGINEER will have authority to disapprove <br />or reject Work which ENGINEER believes to be <br />defective, or that ENGINEER believes will not produce <br />a completed Project that conforms to the Contract <br />Documents or that will prejudice the integrity of the <br />design concept of the completed Project as a <br />functioning whole as indicated by the Contract <br />Documents. ENGINEER will also have authority to <br />require special inspection or testing of the Work as <br />provided in paragraph 13.04, whether or not the Work <br />is fabricated, installed, or completed. <br />9.07 Shop Drawings, Change Orders and <br />Payments <br />A. In connection with ENGINEER's authority as <br />to Shop Drawings and Samples, see paragraph 6.17. <br />B. In connection with ENGINEER's authority as <br />to Change Orders, see Articles 10, 11, and 12. <br />C. In connection with ENGINEER's authority as <br />to Applications for Payment, see Article 14. <br />9.08 Determinations for Unit Price Work <br />A. ENGINEER will determine the actual quanti- <br />ties and classifications of Unit Price Work performed <br />by CONTRACTOR. ENGINEER will reviewwith CON- <br />TRACTOR the ENGINEER's preliminary determina- <br />tions on such matters before rendering a written deci- <br />sion thereon (by recommendation of an Application for <br />Payment or otherwise). ENGINEER's written decision <br />thereon will be final and binding (except as modified by <br />ENGINEER to reflect changed factual conditions or <br />more accurate data) upon OWNER and CONTRAC- <br />TOR, subject to the provisions of paragraph 10.05. <br />9.09 Decisions on Requirements of Contract <br />Documents and Acceptability of Work <br />A. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents and judge of <br />the acceptability of the Work thereunder. Claims, <br />disputes and other matters relating to the acceptability <br />of the Work, the quantities and classifications of Unit <br />Price Work, the interpretation of the requirements of <br />the Contract Documents pertaining to the performance <br />of the Work, and Claims seeking changes in the <br />Contract Price or Contract Times will be referred <br />initially to ENGINEER in writing, in accordance with the <br />provisions of paragraph 10.05, with a request for a <br />formal decision. <br />B. When functioning as interpreter and judge <br />under this paragraph 9.09, ENGINEER will not show <br />partiality to OWNER or CONTRACTOR and will not be <br />liable in connection with any interpretation or decision <br />rendered in good faith in such capacity. The rendering <br />of a decision by ENGINEER pursuant to this paragraph <br />9.09 with respect to any such Claim, dispute, or other <br />matter (except any which have been waived by the <br />making or acceptance of final payment as provided in <br />paragraph 14.07) will be a condition precedent to any <br />exercise by OWNER or CONTRACTOR of such rights <br />or remedies as either may otherwise have under the <br />Contract Documents or by Laws or Regulations in <br />respect of any such Claim, dispute, or other matter. <br />9.10 Limitations on ENGINEER's Authority and <br />Responsibilities <br />A. Neither ENGINEER's authority or respon- <br />sibility under this Article 9 or under any other provision <br />of the Contract Documents nor any decision made by <br />ENGINEER in good faith either to exercise or not exer- <br />cise such authority or responsibility or the undertaking, <br />exercise, or performance of any authority or respon- <br />sibility by ENGINEER shall create, impose, or give rise <br />General Conditions - 00700 - 23 <br />