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entitlement to or on the amount or extent, if any, of any to this paragraph 9.09 with respect to any
<br /> such Claim , dispute,
<br /> adjustment in the Contract Price or Contract Times , or both, as or other matter (except any which have been waived
<br /> by the
<br /> a result of a Field Order, a Claim may be made therefore as making or acceptance of final payment
<br /> as provided in
<br /> provided in paragraph 10. 05. paragraph 14.07 ) will be a condition precedent to any exercise
<br /> by OWNER or CONTRACTOR of such rights or remedies as
<br /> 9 .06 Rejecting Defective Work{tc In 19. 06 Rejecting either may otherwise have under the Contract Documents or by
<br /> Defective Work's Laws or Regulations in respect of any such Claim , dispute, or
<br /> A. ENGINEER will have authority to disapprove or reject other matter.
<br /> Work which ENGINEER believes to be defective, or that 9. 10 Limitations on ENGINEER's Authority and Respon-
<br /> ENGINEER believes will not produce a completed Project that slbilities{tc In "9. 10 Limitations on ENGINEER 's
<br /> conforms to the Contract Documents or that will prejudice the Authority and Responsibilities '
<br /> integrity of the design concept of the completed Project as a
<br /> functioning whole as indicated by the Contract Documents , A. Neither ENGINEER's authority or responsibility under
<br /> ENGINEER will also have authority to require special inspection this Article 9 or under any other provision of the
<br /> Contract
<br /> or testing of the Work as provided in paragraph 13. 04, whether Documents nor any decision made by ENGINEER in good faith
<br /> or not the Work Is fabricated , installed , or completed, either to exercise or not exercise such authority or responsibility
<br /> or the undertaking, exercise, or performance of any authority or
<br /> 9.07 Shop Drawings, Change Orders and Payments{tc responsibility by ENGINEER shall create, impose, or give rise to
<br /> In 79. 07 Shop Drawings, Change Orders and Paymentsany duty in contract, tort, or otherwise owed by ENGINEER to
<br /> CONTRACTOR, any Subcontractor, any Supplier, any other
<br /> A. In connection with ENGINEER's authority as to Shop individual or entity, or to any surety for or employee or agent of
<br /> Drawings and Samples , see paragraph 6. 17, any of them.
<br /> B, In connection with ENGINEER's authority as to B. ENGINEER will not supervise, direct, control, or have
<br /> Change Orders, see Articles 10, 11 , and 12. authority over or be responsible for CONTRACTOR's means ,
<br /> methods, techniques , sequences , or procedures of
<br /> C. In connection with ENGINEER's authority as to construction, or the safety precautions and programs
<br /> incident
<br /> Applications for Payment, see Article 14. thereto, or for any failure of CONTRACTOR to comply with
<br /> Laws and Regulations applicable to the performance of the
<br /> 9.08 Determinations for Unit Price Work{tc \n "9.08 Work. ENGINEER will not be responsible for CONTRACTOR's
<br /> Detemrinations for Unit Price Work"j failure to perform the Work in accordance with the Contract
<br /> Documents,
<br /> A. ENGINEER will determine the actual quantities and
<br /> classifications of Unit Price Work performed by C. ENGINEER will not be responsible for the acts or
<br /> CONTRACTOR. ENGINEER will review with CONTRACTOR omissions of CONTRACTOR or of any Subcontractor, any
<br /> the ENGINEER's preliminary determinations on such matters Supplier, or of any other individual or entity performing any
<br /> of
<br /> before rendering a written decision thereon (by recommendation the Work,
<br /> of an Application for Payment or otherwise). ENGINEER's
<br /> written decision thereon will be final and binding (except as D. ENGINEER's review of the final Application
<br /> for
<br /> modified by ENGINEER to reflect changed factual conditions or Payment and accompanying documentation and all mainte-
<br /> more accurate data ) upon OWNER and CONTRACTOR, nance and operating instructions, schedules , guarantees ,
<br /> subject to the provisions of paragraph 10.05. Bonds, certificates of Inspection, tests and approvals, and other
<br /> documentation required to be delivered by paragraph 14. 07 .A
<br /> 9. 09 Decisions on Requirements of Contract Documents will only be to determine generally that their content complies
<br /> and Acceptability of Work& In "9. 09 Decisions on with the requirements of, and In the case of certificates of in-
<br /> Requirements of Contract Documents and Acceptability of spections, tests , and approvals that the results certified indicate
<br /> Work7 compliance with, the Contract Documents.
<br /> A. ENGINEER will be the initial interpreter of the E. The limitations upon authority and responsibility
<br /> set
<br /> requirements of the Contract Documents and judge of the forth in this paragraph 9. 10 shall also apply to
<br /> ENGINEER's
<br /> acceptability of the Work thereunder. Claims, disputes and Consultants, Resident Project Representative, and assistants .
<br /> other matters relating to the acceptability of the Work, the
<br /> quantities and classifications of Unit Price Work, the ARTICLE 10 - CHANGES IN THE WORK; CLAIMS&
<br /> interpretation of the requirements of the Contract Documents "ARTICLE 10 - CHANGES iN THE WORK; CLAIMS")
<br /> pertaining to the performance of the Work, and Claims seeking
<br /> changes in the Contract Price or Contract Times will be referred
<br /> initially to ENGINEER in writing, in accordance with the 10. 01 Authorized Changes in the Work& In "10.
<br />01
<br /> provisions of paragraph 10. 05, with a request for a formal Authorized Changes in the Work"
<br /> decision.
<br /> A. Without invalidating the Agreement and without notice
<br /> B. When functioning as interpreter and judge under this to any surety, OWNER may, at any time or from time to time,
<br /> paragraph 9.09, ENGINEER will not show partiality to OWNER order additions , deletions , or revisions In the Work by a Written
<br /> or CONTRACTOR and will not be liable in connection with any Amendment, a Change Order, or a Work Change Directive.
<br /> interpretation or decision rendered in good faith in such Upon receipt of any such document,
<br /> CONTRACTOR shall
<br /> capacity. The rendering of a decision by ENGINEER pursuant promptly proceed with the Work involved which
<br /> will be
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