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§ 9.8 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from
<br />the Contract Documents, and will be in writing or in the form of drawings. When making such interpretations and
<br />decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show
<br />partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.
<br />§ 9.9 The Architect's duties, responsibilities, and limits of authority as described in the Contract Documents shall not be
<br />changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld.
<br />ARTICLE 10 CHANGES IN THE WORK
<br />§ 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the
<br />Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted
<br />accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay
<br />the Contractor its actual cost plus reasonable overhead and profit.
<br />§ 10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the
<br />Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such
<br />authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall
<br />proceed with such minor changes promptly.
<br />§ 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated
<br />in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall
<br />be subject to equitable adjustment.
<br />ARTICLE 11 TIME
<br />§ 11.1 Time limits stated in the Contract Documents are of the essence of the Contract.
<br />§ 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor
<br />disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor's control, the
<br />Contract Time shall be subject to equitable adjustment.
<br />§ 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the
<br />responsible party.
<br />ARTICLE 12 PAYMENTS AND COMPLETION
<br />§ 12.1 Contract Sum
<br />The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner
<br />to the Contractor for performance of the Work under the Contract Documents.
<br />§ 12.2 Applications for Payment
<br />§ 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
<br />Architect an itemized Application for Payment for Work completed in accordance with the values stated in this
<br />Agreement. The Application shall be supported by data substantiating the Contractor's right to payment as the Owner or
<br />Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and
<br />suppliers. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for
<br />subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for
<br />materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing.
<br />§ 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no
<br />later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all
<br />Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to
<br />the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or
<br />other encumbrances adverse to the Owner's interests.
<br />§ 12.3 Certificates for Payment
<br />The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the
<br />Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2)
<br />issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the
<br />Contractor and Owner in writing of the Architect's reasons for withholding certification in part; or (3) withhold
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