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A. In connection with ENGINEER's authority as 9 . 10 Limitations on ENGINEER 's Authority and
<br /> to Shop Drawings and Samples , see paragraph 6 . 17 . Responsibilities
<br /> ' B . In connection with ENGINEER's authority as A. Neither ENGINEER's authority or respon-
<br /> to Change Orders , see Articles 101 11 , and 12 , sibility under this Article 9 or under any other provision
<br /> of the Contract Documents nor any decision made by
<br /> ' C . In connection with ENGINEER's authority as ENGINEER in good faith either to exercise or
<br /> not
<br /> to Applications for Payment, see Article 14 , exercise such authority or responsibility or the
<br /> undertaking , exercise , or performance of any authority
<br /> ' 9 . 08 Determinations for Unit Price Work or responsibility by ENGINEER shall create , impose ,
<br /> or give rise to any duty in contract, tort, or otherwise
<br /> A. ENGINEER will determine the actual quanti- owed by ENGINEER to CONTRACTOR , any Subcon-
<br /> ties and classifications of Unit Price Work performed tractor, any Supplier, any other individual or entity, or
<br /> by CONTRACTOR. ENGINEER will review with to any surety for or employee or agent of any of them .
<br /> CONTRACTOR the ENGINEER's preliminary
<br /> determinations on such matters before rendering a B . ENGINEER will not supervise, direct, control ,
<br /> written decision thereon (by recommendation of an or have authority over or be responsible for
<br /> Application for Payment or otherwise) . ENGINEER's CONTRACTOR's means , methods , techniques , se-
<br /> written decision thereon will be final and binding quences , or procedures of construction , or the safety
<br /> (except as modified by ENGINEER to reflect changed precautions and programs incident thereto, or for any
<br /> factual conditions or more accurate data) upon failure of CONTRACTOR to comply with Laws and
<br /> OWNER and CONTRACTOR, subject to the Regulations applicable to the performance of the
<br /> provisions of paragraph 10 .05 . Work . ENGINEER will not be responsible for
<br /> ' CONTRACTOR's failure to perform the Work in
<br /> 9 . 09 Decisions on Requirements of Contract accordance with the Contract Documents .
<br /> Documents and Acceptability of Work
<br /> C . ENGINEER will not be responsible for the
<br /> ' A. ENGINEER will be the initial interpreter of the acts or omissions of CONTRACTOR or of any
<br /> requirements of the Contract Documents and judge of Subcontractor, any Supplier, or of any other individual
<br /> the acceptability of the Work thereunder. Claims , or entity performing any of the Work .
<br /> ' disputes and other matters relating to the acceptability
<br /> of the Work, the quantities and classifications of Unit D . ENGINEER's review of the final Application
<br /> Price Work, the interpretation of the requirements of for Payment and accompanying documentation and all
<br /> the Contract Documents pertaining to the maintenance and operating instructions , schedules ,
<br /> ' performance of the Work , and Claims seeking guarantees , Bonds , certificates of inspection , tests
<br /> changes in the Contract Price or Contract Times will and approvals , and other documentation required to
<br /> be referred initially to ENGINEER in writing , in be delivered by paragraph 14 . 07 .A will only be to
<br /> ' accordance with the provisions of paragraph 10 . 05 , determine generally that their content complies with
<br /> with a request for a formal decision . the requirements of, and in the case of certificates of
<br /> inspections , tests , and approvals that the results
<br /> B . When functioning as interpreter and judge certified indicate compliance with , the Contract
<br /> ' under this paragraph 9 . 09 , ENGINEER will not show Documents .
<br /> partiality to OWNER or CONTRACTOR and will not
<br /> be liable in connection with any interpretation or E . The limitations upon authority and responsibil-
<br /> ' decision rendered in good faith in such capacity. The ity set forth in this paragraph 9 . 10 shall also apply
<br /> to
<br /> rendering of a decision by ENGINEER pursuant to this ENGINEER's Consultants , Resident Project Repre-
<br /> paragraph 9 . 09 with respect to any such Claim , sentative , and assistants .
<br /> dispute , or other matter (except any which have been
<br /> ' waived by the making or acceptance of final payment ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br /> as provided in paragraph 14 . 07) will be a condition
<br /> precedent to any exercise by OWNER or
<br /> CONTRACTOR of such rights or remedies as either
<br /> may otherwise have under the Contract Documents or 10 . 01 Authorized Changes in the Work
<br /> by Laws or Regulations in respect of any such Claim ,
<br /> dispute , or other matter. A. Without invalidating the Agreement and
<br /> without notice to any surety, OWNER may, at any time
<br /> 00700-31
<br /> 0386- 00700 - General Conditions
<br /> ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General
<br /> Conditions.doc
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