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Cladficatlons and Interpretations: <br /> 9.4. ENGINEER will issue with reasonable promptness <br />such written clarifications or interpretations of the require- <br />ments of the Contract Documents (in tho form of Drawings <br />or othee, vise) as ENGINEER may determine necessary, which <br />shall be consistent with or reasonably inferable from the <br />overall intent of the Contract Documents. If CONTRACTOR <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 I 1 or Article 12. <br /> <br />Authorized Variations in Work: <br /> 9.5. ENGINEER may authorize minor variations in the <br />Work from the requkements 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 aocomplished by a <br />Field Order mad will he binding on OWNER, and also on <br />CONTRACTOR who shall perform the Work involved'' <br />promptly. If CONTRACTOR believes that a Field Order <br />justifies an increase itl the Codtract Price or an extension of <br />the Contract Time and the parties are unable to agree as to <br />the amount or extent thereof, CONTRACTOR may make a <br />cla[m therefor as provided in Article 11 or 12. <br /> <br />Rejecting Defective Work: <br /> 9.6. ENGINEER will have authority to disapprove or <br />reject Work which ENGINEER believes to be defective, 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 Work is fabricated, installed or completed. <br /> <br />SlOop Drawings, Change Orders and Payments: <br /> 9.7 In connection with ENGINEER's responsibility for <br />Shop Drawings and samples, see paragraphs 6.23 through <br />6.28 inclusive. <br /> <br />9.8. In oonnectinn with ENGINEER's responsibilRies as <br />to Ghang¢ Orders, see Articles 10, 11 and 12. <br /> <br /> 9.9. In connection with ENGINEER's responsibilities in <br />respect of Applications for Payment, etc., see Article 14. <br /> <br />Determinations for Unit 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 determinations on such matters <br />before rendering a written decision thereon Coy 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, unless, within ten days <br />after the date of any such decision, either OWNER or CON- <br />TRACTOR delivers to thc other party to the Agreement and <br /> <br />to ENGINEER xvritten notice of intention to appeal from <br />such a decision. <br /> <br />Decisions on Disputes: <br /> <br /> 9.11. ENGINEER will be the initial interpreter of the <br />requirements of the Contract Documents and judge of the <br />acceptability of the Work 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 />pertaining to the performance and furnishing of the Work and <br />claims under Articles 11 and 12 in respect o[' changes in the <br />Contract Price or Contract Time will be refereed initially to <br />ENGINEER in writing with a request for a formal decision <br />in accordance with this paragraph, which ENGINEER will <br />render in writing within a reasonable time. Written notice of <br />each such claim, 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 thiay days) <br />· after the occurrence of the event giving rise thereto, and <br />written supporting 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 aicertain <br />more accurate data in support of the claim. <br /> <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 or a decision by <br /> ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect <br /> to any such claim, dispute or other matter (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 OXVNER or CONTRACTOR <br /> of such rights or remedies as either may other, vise have under <br /> the Contract Documents or by Laws or Regulations in respect <br /> of any such claim, dispute or other matter. <br /> <br />Lim~tatlon$ on ENGINEER's Responsibilities: <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 shall give rise to any duty or <br />responsibility of ENGINEER to CONTRACTOR, ~.ny Sub-. <br />contractor, any Supplier, or any other person or organization <br />performing any of the Work,.or to any surety for any of them. <br /> 9.14. Whenever in the Contract Documents the terms "as <br /> ordered", "as directed*', "as required", "as allowed", "as <br /> approved" or terms of like effect or import are used, or the <br /> adjectives "reasonable", "statable , acceptable , proper <br /> or "satisfactory" or adjectives of like effect or import are <br /> used to descn"oe 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 soI¢ly to <br /> evaluate thc Work for compliance with the Contract Docu- <br /> ments (unless there is a specific statement indicating other- <br /> wise). The use of any such term or adjective shall not be <br /> <br /> <br />