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<br /> Price Work, the interpretation of the requirements of all maintenance and operating instructions,
<br /> the Contract Documents pertaining to the schedules, guarantees , Bonds , certificates of
<br /> performance of the Work, and Claims seeking inspection , tests and approvals, and other documen-
<br /> changes in the Contract Price or Contract Times will tation required to be delivered by paragraph 14.07 .A
<br /> r be referred initially to ENGINEER in writing , in will only be to determine generally that their content
<br /> accordance with the provisions of paragraph 10 .05, complies with the requirements of, and in the case of
<br /> with a request for a formal decision . certificates of inspections , tests, and approvals that
<br /> the results certified indicate compliance with , the
<br /> B . When functioning as interpreter and judge Contract Documents .
<br /> under this paragraph 9 .09, ENGINEER will not show
<br /> partiality to OWNER or CONTRACTOR and will not E. The limitations upon authority and responsi-
<br /> �' be liable in connection with any interpretation or bility set forth in this paragraph 9. 10 shall also apply to
<br /> decision rendered in good faith in such capacity. The ENGINEER's Consultants , Resident Project Repre-
<br /> rendering of a decision by ENGINEER pursuant to sentative, and assistants.
<br /> W this paragraph 9 .09 with respect to any such Claim ,
<br /> dispute, or other matter (except any which have been ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br /> waived by the making or acceptance of final payment
<br /> as provided in paragraph 14.07) will be a condition
<br /> 2W precedent to any exercise by OWNER or
<br /> CONTRACTOR of such rights or remedies as either 10 .01 Authorized Changes in the Work
<br /> may otherwise have under the Contract Documents
<br /> or by Laws or Regulations in respect of any such A. Without invalidating the Agreement and
<br /> Claim , dispute , or other matter. without notice to any surety, OWNER may, at any
<br /> time or from time to time , order additions, deletions , or
<br /> 9 . 10 Limitations on ENGINEER's Authority and revisions in the Work by a Written Amendment, a
<br /> r Responsibilities Change Order, or a Work Change Directive. Upon
<br /> receipt of any such document, CONTRACTOR shall
<br /> A. Neither ENGINEER's authority or respon- promptly proceed with the Work involved which will be
<br /> sibility under this Article 9 or under any other provision performed under the applicable conditions of the
<br /> of the Contract Documents nor any decision made by Contract Documents (except as otherwise specifically
<br /> ENGINEER in good faith either to exercise or not provided ) .
<br /> exercise such authority or responsibility or the
<br /> ® undertaking , exercise, or performance of any authority B. If OWNER and CONTRACTOR are unable to
<br /> or responsibility by ENGINEER shall create, impose, agree on entitlement to, or on the amount or extent, if
<br /> or give rise to any duty in contract, tort, or otherwise any, of an adjustment in the Contract Price or
<br /> owed by ENGINEER to CONTRACTOR, any Subcon- Contract Times , or both , that should be allowed as a
<br /> tractor, any Supplier, any other individual or entity, or result of a Work Change Directive , a Claim may be
<br /> to any surety for or employee or agent of any of them . made therefor as provided in paragraph 10.05.
<br /> 'L B . ENGINEER will not supervise, direct, control , 10 . 02 Unauthorized Changes in the Work
<br /> or have authority over or be responsible for
<br /> CONTRACTOR's means, methods, techniques , se- A. CONTRACTOR shall not be entitled to an
<br /> a quences, or procedures of construction , or the safety increase in the Contract Price or an extension of the
<br /> precautions and programs incident thereto, or for any Contract Times with respect to any work performed
<br /> failure of CONTRACTOR to comply with Laws and that is not required by the Contract Documents as
<br /> Regulations applicable to the performance of the amended , modified , or supplemented as provided in
<br /> Work. ENGINEER will not be responsible for paragraph 3 .04 , except in the case of an emergency
<br /> CONTRACTOR's failure to perform the Work in as provided in paragraph 6 . 16 or in the case of
<br /> accordance with the Contract Documents. uncovering Work as provided in paragraph 13.04 .B.
<br /> C . ENGINEER will not be responsible for the 10 . 03 Execution of Change Orders
<br /> acts or omissions of CONTRACTOR or of any
<br /> Subcontractor, any Supplier, or of any other individual A. OWNER and CONTRACTOR shall execute
<br /> r or entity performing any of the Work. appropriate Change Orders recommended by ENGI-
<br /> NEER (or Written Amendments) covering :
<br /> D . ENGINEER's review of the final Application
<br /> for Payment and accompanying documentation and
<br /> D0700 . General CoMilions REV 04-07
<br /> 00700 - 30
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