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aw ENGINEER's observations on the Site of the make any examination to ascertain how or for r executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER's moneys paid on account of the Contract Price , review of the Application for Payment and the or to determine that title to any of the Work , .r accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER's knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom - r a . the Work has progressed to the point mend the whole or any part of any payment if, indicated ; in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred 4M b . the quality of the Work is generally in to in paragraph 14 .02 . 6 . 2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent fm Substantial Completion , to the results of any inspections or tests , revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in 40 quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from Work under paragraph 9 .08 , and to any loss because : other qualifications stated in the recommendation); and a . the Work is defective, or completed 00 Work has been damaged , requiring c. The conditions precedent to correction or replacement; CONTRACTOR's being entitled to such 40 payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER's responsibility to by Written Amendment or Change Orders ; observe the Work . c. OWNER has been required to correct .r 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or deemed to have represented that: (i ) inspec- aw tions made to check the quality or the quantity of the Work as it has been performed have the occurrence vents enumer- been exhaustive, extended to every aspect of . the Work in progress , or involved detailed I. inspections of the Work beyond the responsk C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may 3, Tom^ days--a#te; g;eseataiee not be other matters or issues between the Application for Payment to r. with parties that might entitle CONTRACTOR to be ENGINEER's recomm on , the amount paid additionally by OWNER or entitle OWNER recommended ubject to the provisions of to withhold payment to CONTRACTOR. para r 4 .02 . D ) become due, and when +rr 4 . Neither ENGINEER's review of CONTRACTOR's Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER's recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise, direct, or control the ENGINEER because : Work or for the means , methods, techniques, sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR's thereto , or for CONTRACTOR's failure to performance or furnishing of the Work ; we comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work . b . Liens have been filed in connection Additionally, said review or recommendation will with the Work, except where an not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific 0016-00700 - General Conditions Page 39 of 44 F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc