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FEE -26 -1990 15.02 FROM SEH ✓DQ-C TO 42445-33 p. 0 7716--/ 0)4/ P G/ /9 hite7 /9-fitnanc76 ecvv �-��2 ~� .07 us t- So( 6,- 7o ev /6/2SC 6W 7,-c4 c • Clarifications and interpretations: to ENGINEER written notice of intention to appeal from such a decision. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require* mcnts of the Comiact Documents fin the form of Drawings Of otherwise) as ENGINEER may determine necessary. which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Comract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform • the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orden and Payments: 9,7. In connection with ENGINEER's responsibility for Shop Drawings and samples. sere paragraphs 6.23 through 6.29 inclusive. 9.8. in connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with ENOINEER's responsibilities in respect of Applications for Payment. etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON. TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen• dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision, either OWNER or CON. TRACTOR'delivers to the other party to the,Agreement and Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptabrhty of the Work or Inc interpretation of the requirements of the Contract Document, pertaining to the performance and furnishing or the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will he referred Inmall) to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written nuticc of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thing days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision b) ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any w hruh have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.161 will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as tither may otherwise has c under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations an ENGINEER's Responsibilities: 9.13, Neither ENGINEER•% authority to act under this Article 9 or elsewhere in the Contract Documents nor ans decision made by ENGINEER in good faith either to exercise Or not exercise such authority shall give rise to any dots or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier, or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms —as ordered ". "as directed ", "as required ". "as allowed ". '•ae approved" or terms of like effect or import are used, or the adjectives "reasonable ", "suitable ", "acceptable ". "proper" or "satisfactory" Or adjeCtivCS of like effect or import are used to describe a requirement, direction. review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction. review or judgment will he solely to evaluate the Work for compliance with the Contruct Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not he 20 Page 2