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or other 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 exercise
<br />by OWNER or CONTRACTOR of such rights or remedies as
<br />either may otherwise have under the Contract Documents or by
<br />Laws or Regulations in respect of any such Claim, dispute, or
<br />other matter.
<br />9.10
<br />Limitations on ENGINEER's
<br />Authority and
<br />Respon-
<br />sibilities
<br />A. Neither ENGINEER's authority or responsibility under
<br />this Article 9 or under any other provision of the Contract
<br />Documents nor any decision made by ENGINEER in good faith
<br />either to exercise or not exercise such authority or responsibility
<br />or the undertaking, exercise, or performance of any authority or
<br />responsibility by ENGINEER shall create, impose, or give rise to
<br />any duty in contract, tort, or otherwise owed by ENGINEER to
<br />CONTRACTOR, any Subcontractor, any Supplier, any other
<br />individual or entity, or to any surety for or employee or agent of
<br />any of them.
<br />B. ENGINEER will not supervise, direct, control, or have
<br />authority over or be responsible for CONTRACTOR's means,
<br />methods, techniques, sequences, or procedures of
<br />construction, or the safety precautions and programs incident
<br />thereto, or for any failure of CONTRACTOR to comply with
<br />Laws and Regulations applicable to the performance of the
<br />Work. ENGINEER will not be responsible for CONTRACTOR's
<br />failure to perform the Work in accordance with the Contract
<br />Documents.
<br />C. ENGINEER will not be responsible for the acts or
<br />omissions of CONTRACTOR or of any Subcontractor, any
<br />Supplier, or of any other individual or entity performing any of
<br />the Work.
<br />D. ENGINEER's review of the final Application for
<br />Payment and accompanying documentation and all mainte-
<br />nance and operating instructions, schedules, guarantees,
<br />Bonds, certificates of inspection, tests and approvals, and other
<br />documentation required to be delivered by paragraph 14.07.A
<br />will only be to determine generally that their content complies
<br />with the requirements of, and in the case of certificates of in-
<br />spections, tests, and approvals that the results certified indicate
<br />compliance with, the Contract Documents.
<br />E. The limitations upon authority and responsibility set
<br />forth in this paragraph 9.10 shall also apply to ENGINEER's
<br />Consultants, Resident Project Representative, and assistants.
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />10.01 Authorized Changes in the Work
<br />A. Without invalidating the Agreement and without notice
<br />to any surety, OWNER may, at any time or from time to time,
<br />order additions, deletions, or revisions in the Work by a Written
<br />Amendment, a Change Order, or a Work Change Directive.
<br />Upon receipt of any such document, CONTRACTOR shall
<br />promptly proceed with the Work involved which will be
<br />performed under the applicable conditions of the Contract
<br />Documents (except as otherwise specifically provided).
<br />B. If OWNER and CONTRACTOR are unable to agree
<br />on entitlement to, or on the amount or extent, if any, of an
<br />adjustment in the Contract Price or Contract Times, or both, that
<br />should be allowed as a result of a Work Change Directive, a
<br />Claim may be made therefore as provided in paragraph 10.05.
<br />10.02 Unauthorized Changes in the Work
<br />A. CONTRACTOR shall not be entitled to an increase in
<br />the Contract Price or an extension of the Contract Times with
<br />respect to any work performed that is not required by the
<br />Contract Documents as amended, modified, or supplemented
<br />as provided in paragraph 3.04, except in the case of an emer-
<br />gency as provided in paragraph 6.16 or in the case of
<br />uncovering Work as provided in paragraph 13.04.8.
<br />10.03 Execution of Change Orders
<br />A. OWNER and CONTRACTOR shall execute appropri-
<br />ate Change Orders recommended by ENGINEER (or Written
<br />Amendments) covering:
<br />1.changes in the Work which are: (i) ordered by
<br />OWNER pursuant to paragraph 10.01.A, (ii) required
<br />because of acceptance of defective Work under para-
<br />graph 13.08.A or OWNER's correction of defective
<br />Work under paragraph 13.09, or (iii) agreed to by the
<br />parties;
<br />2.changes in the Contract Price or Contract Times
<br />which are agreed to by the parties, including any
<br />undisputed sum or amount of time for Work actually
<br />performed in accordance with a Work Change Directive;
<br />and
<br />3.changes in the Contract Price or Contract Times
<br />which embody the substance of any written decision
<br />rendered by ENGINEER pursuant to paragraph 10.05;
<br />provided that, in lieu of executing any such Change
<br />Order, an appeal may be taken from any such decision
<br />in accordance with the provisions of the Contract
<br />Documents and applicable Laws and Regulations, but
<br />during any such appeal, CONTRACTOR shall carry on
<br />the Work and adhere to the progress schedule as
<br />provided in paragraph 6.18.A.
<br />10.04 Notification to Surety
<br />A. If notice of any change affecting the general scope of
<br />the Work or the provisions of the Contract Documents
<br />(including, but not limited to, Contract Price or Contract Times)
<br />is required by the provisions of any Bond to be given to a surety,
<br />the giving of any such notice will be CONTRACTOR's
<br />responsibility. The amount of each applicable Bond will be
<br />adjusted to reflect the effect of any such change.
<br />10.05 Claims and Disputes
<br />A. Notice: Written notice stating the general nature of
<br />each Claim, dispute, or other matter shall be delivered by the
<br />claimant to ENGINEER and the other party to the Contract
<br />promptly (but in no event later than 30 days) after the start of the
<br />event giving rise thereto. Notice of the amount or extent of the
<br />Claim, dispute, or other matter with supporting data shall be
<br />delivered to the ENGINEER and the other party to the Contract
<br />within 60 days after the start of such event (unless ENGINEER
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