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<br />Clartf calions and Inrcrprclaliotrs: . <br />9.4. ENGINEER will issue with rcasonablc promptncss <br />such written clarifications or intcrpretations of the require- <br />ments of the Contract Documents (in the form of Drawings <br />or othenvise) as EhGINEER may determine necessary, which <br />shall be coasistent with or reasonably inferable Crom the <br />overall intent of the Contract Documcnts. ICCONTRACTOR <br />believes that a written clarification or interpretation justifies <br />an increase in the Contract Price or an extension of the <br />Contract Time and the parties are unable to agree to the <br />amount or extent thereof, CONTRACTOR may make a claim <br />therefor as provided in Article 11 or Article 12. <br />Aulhorized Variatiores in {4'ork: <br />9.5. ENGINEER may authorize minor variations in the <br />Work from the requirements of the Contract Documents which <br />do not involve an adjustment in the Contract Price or the <br />Contract Time and are consistent with the overall intent of <br />the Contract Documents. These may be accomplished by a <br />Field Order and will be binding on OWNER, and also on <br />CONTRACTOR who shall perform the Work invotved <br />promptIy. If CONTRACTOR believes that a FieId Order <br />justifies an increase in the Contract Price or an extension of <br />the Contract Time and the parties are unable to agree as to <br />the amount or extent thereof, CONTRAGTOR may make a <br />claim therefor as provided in Article 11 or 12. <br />Rejecling Dejective {i'ork: <br />9.6. ENGINEER will have authority to disapprove or <br />reject Work which ENGINEER be(ieves to be dejective, and <br />will also have authority to require special inspection or testing <br />of the Work as provided in paragraph 13.9, whether or not <br />the Nork is fabricated, installed or completed. <br />Shop Drawings, Chaage Orders and Pa}meats: <br />9.7 In connection with ENGINEER's responsibitity for <br />Shop Drawings and samp(es, see paragraphs 6.23 through <br />6.28 inclusive. <br />9.8. In connection with ENGINEER's responsibilities as <br />to Change Orders, see Articles 10. 11 and 12. <br />9.9. In connection with ENGINEER's responsibilities in <br />respect of Applicaaons for Payment, etc., see Article 14. <br />Delerrrcinatiorss jor Urtit Prices: <br />9.10. ENGINEER will determine the actual quantities <br />and classifications of Unit Price Work performed by CON- <br />TRACTOR. ENGINEER will review with CONTRACTOR <br />ENGINEER's preliminary detecminations on such matters <br />before rendering a written decision thereon (by recommen- <br />dation of an Application for Payment or otherwise). ENGI- <br />NEER's written decisions thereon will be final and binding <br />upon OWNER and CONTRACTOR, un[ess, within ten days <br />after the date of any such decision, either OWNER or CON- <br />TRAGTOR delivers to the other pacty to the Agreement and <br />to ENGINbEK written notice oC intention to appeal from <br />such a dccision. <br />Decisions on Disputes: <br />9.11. ENGINEER will be the initial interpreter of the <br />requircments of the Contract Documents and judge of the <br />acceptability of the Nork thereunder. Claims, disputes and <br />other matters relating to the acceptability of the Work or the <br />interpretation of the requirements of the Contract Documents <br />pectaining to the perfocmance and furnishing of the Work artd <br />claims under Articles 11 and 12 in respect of changes in the <br />Contract Price or Contract Time will be referred initially to <br />ENGINEER in writing with a request for a formal decision <br />in accordance with this paragcaph, which ENGINEER witl <br />render in writing within a reasonable time. Written notice of <br />each such c(aim, dispute and other matter will be delivered <br />by the claimant to ENGINEER and the other party to the <br />Agreement promptly (but in no event later than thirty days) <br />after the occurrence of ihe event giving rise thereto, and <br />written suppoRing data will be submitted to ENGINEER and <br />the other party within sixty days after such occurrence unless <br />ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim. <br />9.12. When functioning as interpreter and judge under <br />paragraphs 9.10 and 9.11, ENGINEER will not show par- <br />tiality to OWNER or CONTRACTOR and will not be liable <br />in connection with any interpretation or decision rendered in <br />good faith in such capacity. The rendering of a decision by <br />ENGINEER pursuant to paragc-aphs 9.10 and 9.11 with respect <br />to any such claim, dispute or other mattec (except any which <br />have been waived by the making or acceptance of final pay- <br />ment as provided in paragraph 14.16) will be a condition <br />precedent to any exercise by OWNER or CONTRACTOR <br />of such rights or remedies as either may otherwise have under <br />the Contract Documents or by Laws or Regulations in respect <br />of any such claim, dispute or other matter. <br />Limi[ations on ENGINEER's Responsibi[ilies: <br />9.13. Neither ENGINEER's authority to act under this <br />Article 9 or elsewhere in the Contract Documents nor any <br />decision made by ENGINEER in good faith either to exercise <br />or not exercise such authority shali give rise to any duty or <br />responsibility of ENGINEER to CONTRAGTOR, any Sub- <br />contractor, any Supp(ier, or any other person or organization <br />pecforming any of the Work, or to any surety for any of them. <br />9.14. Whenever in the Contract Documents the terms "az <br />ordered", "as directed". "as required". "as allowed". "as <br />approved" or terms of like efEect or impoct are used, or the <br />adjectives "reasonable", "suitable", "acceptable". "proper" <br />or "satisCactory" or adjectives of like effect or import are <br />used to describe a requirement, direction, review or judgment <br />of ENGINEER as to the Work, it is intended that such <br />requirement, direction, review or judgment will be sotely to <br />evaluate the Work for compliance with the Contract Docu- <br />ments (unless thcre is a specific statement indicating other- <br />wise). The use oC any such term or adjective shall not be <br />48 <br />