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Clarifications and Interpretations: :. <br /> 9.4. ENGINEER wilI issue with reasonable promptness <br />such written clarifications or interpretations of the require- <br />merits of the Contract Documents (in the form of Drawings <br />or otherwise) as ENGINEER may determine n¢cessa~', which <br />shall be consistent with or reasonably inferable from thc <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 thc <br />Contract Time and the parties arc unable to agree to the <br />amount orextent thereof, CONTRACTOR may make a claim <br />therefor as provided in Article I I or Article 12. <br /> <br />Authorized Variations in IVork: <br /> <br /> 9.5. ENGINEER may authorize minor variations in the <br />Work from the requ~ements Glebe Contract Documents whlch <br />do not involve an adjustment in tho 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 involved <br />promptly. If CONTPJLCTOR believes that a Field 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, CONTRACTOR may make a <br />claim therefor as provided in Article 11 or 12. <br /> <br />Rejecting Defective Work: <br /> <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 />$~op Drawings, Change Order~ and Payments: <br /> <br /> 9.7 In connection with ENGINEER's responsibility for <br />lJhop Drawings and samples, see paragraphs 6.23 through <br />6.28 inclusive. <br /> <br />9.8. In connection with ENGINEER's responsibilities as <br />to Change Orders, see Articles I0, 11 and 12. <br /> <br />9.9. In connection with ENGINEER's responslbi[itles in <br />respect of Applications for Payment, etc., see Art[de 14. <br /> <br />Determlnatlons for llnlt 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 (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, unless, within ten days <br />alter the date of any such decision, either OWNER or CON- <br />TRACTOR delivers to the other party to the Agreement and <br /> <br />48 <br /> <br />to ENGINEER written notice of intention to appeal from <br />such a decision. ~. <br /> <br /> Decisions on Disputes: <br /> <br />· 9.1 i. ENGINEER will be the initial interpreter of the <br /> requircments 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 furnishbg of the Work and <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 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 thirty days) <br /> after the occurrence of the evefit 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 ascertain <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 wilI 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 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 OWNER or CONTRACTOR <br />of such fights 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 /> <br />Limitations on ENGINEER's Responsibilities: <br /> <br /> 9.13. Nekher ENGINEER's authority to act under thls <br />Article 9 or elsewhere in the Contract Documents nor any <br />declsion 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, any 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 /> <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 arc used, or the <br />adjectives "reasonable", "suitable", "acceptable", "proper" <br />or "satisfactory" 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 solely to <br />evaluate the 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 />