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C. In connection with the ENGINEER OF RECORD's responsibilities in respect of <br /> Applications for Payment, see Article 14. <br /> 9.9 DECISIONS ON DISPUTES <br /> A. The ENGINEER OF RECORD will be the initial interpreter of the requirements of <br /> the Contract Documents and judge of the acceptability of the Work thereunder. <br /> Claims, disputes, and other matters relating to the acceptability of the Work; the <br /> interpretation of the requirements of the Contract Documents pertaining to the <br /> performance of the Work; and those claims under Articles 11 and 12 in respect to <br /> changes in the Contract Price or Contract Time will be referred initially to the <br /> OWNER'S REPRESENTATIVE in writing with a request for formal decision in <br /> accordance with this Paragraph, which the OWNER'S REPRESENTATIVE will <br /> render in writing within thirty (30) days of receipt of the request. Written notice of <br /> each such claim, dispute, and other matter will be delivered by the <br /> CONTRACTOR to the OWNER'S REPRESENTATIVE promptly (but in no event <br /> later than thirty (30) days) after the occurrence of the event giving rise thereto. <br /> Written supporting data will be submitted to the OWNER'S REPRESENTATIVE <br /> within sixty (60) days after such occurrence unless the OWNER'S <br /> REPRESENTATIVE allows an additional period of time to ascertain more <br /> accurate data in support of the claim. <br /> B. When functioning as arbiter and judge, the OWNER'S REPRESENTATIVE will <br /> not show partiality to the OWNER or the CONTRACTOR and will not be liable in <br /> connection with any interpretation or decision rendered in good faith in such <br /> capacity. The rendering of a decision by the OWNER'S REPRESENTATIVE with <br /> respect to any such claim, dispute, or other matter (except any which have been <br /> waived by the making or acceptance of final payment as provided in Paragraph <br /> 14.12) will be a condition precedent to any exercise by the OWNER or the <br /> CONTRACTOR of such rights or remedies as either may otherwise have under <br /> the Contract Documents or by Law or Regulations in respect of any such claim, <br /> dispute, or other matter. <br /> 9.10 LIMITATION ON ENGINEER OF RECORD'S AND OWNER'S REPRESENTATIVE <br /> RESPONSIBILITIES <br /> A. Neither the ENGINEER OF RECORD's nor the OWNER'S REPRESENTATIVE's <br /> authority to act under this Article 9 or other provisions of the Contract Documents <br /> nor any decision made by the ENGINEER OF RECORD or OWNER'S <br /> REPRESENTATIVE in good faith either to exercise or not exercise such authority <br /> shall give rise to any duty or responsibility of the ENGINEER OF RECORD or <br /> OWNER'S REPRESENTATIVE to the CONTRACTOR, any Subcontractor, any <br /> Supplier, any surety for any of them, or any other person or organization <br /> performing any of the Work. <br /> B. Whenever in the Contract Documents the terms "as ordered," "as directed," "as <br /> required," "as allowed," "as reviewed," "as approved," or terms of like effect or <br /> import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," <br /> or "satisfactory" or adjectives of like effect or import are used to describe a <br /> requirement, direction, review, or judgment of the ENGINEER OF RECORD or <br /> OWNER'S REPRESENTATIVE as to the Work, it is intended that such <br /> 00700-21/39 q I B <br />