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<br />or responsibility or the undertaking, exercise, or perfonnance
<br />of any authority or responsibility by ENGINEER shall create,
<br />impose, or give rise to any duty in contract, tort, or
<br />otherwise owed by ENGINEER to CONTRACTOR, any
<br />Subcontractor, any Supplier, any other individual or entity,
<br />or to any surety for or employee or agent of any of them.
<br />
<br />B. ENGINEER will not supervise, dircct, control, or
<br />have authority over or be responsible for CONTRACTOR's
<br />means, methods, techniques, sequences, or procedures of
<br />consuuction, or the safety precautions and programs incident
<br />thereto, or for any failure of CONTRACTOR to comply with
<br />Laws and Regulations applicable to the performance of the
<br />Work. ENGINEER will not be responsible for
<br />CONTRACTOR's failure to perform the Work in accordance
<br />with the Contract Documents,
<br />
<br />C. ENGINEER will nO! be responsible for the acts or
<br />omissions of CONTRACTOR or of any Subcontractor, any
<br />Supplier, or of any other individual or entity performing any
<br />of the Work.
<br />
<br />D. ENGINEER's review of the fmal Application for
<br />Payment and accompanying documentation and all mainte-
<br />nance and operating instructions, schedules, guarantees,
<br />Bonds, certificates of inspection, tests and approvals, and
<br />other documentation required to be delivered by paragraph
<br />14.07.A will only be to detennine generally that their content
<br />complies with the requirements of, and in the case of
<br />certificates of inspections, tests, and approvals that the results
<br />certified indicate compliance with, the Contract Documents.
<br />
<br />E. The limitations upon authority and responsibility set
<br />forth in this paragraph 9.10 shall also apply to ENGINEER's
<br />Consultants, Resident Project Representative, and assistants.
<br />
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />
<br />10.01 AuJhoriud Changes in the Work
<br />
<br />A. Without invalidating the Agreement and witllOut
<br />notice to any surety, OWNER may. at any time or from time
<br />to time, order additions, deletions, or revisions in the Work
<br />by a Written Amendment, a Change Order, or a Work
<br />Change Directive. Upon receipt of any such document,
<br />CONTRACTOR shall promptly proceed with the Work
<br />involved which will be performed under the applicable
<br />conditions of the Contract Documents (except as otherwise
<br />specifically provided).
<br />
<br />B. If OWNER and CONTRACTOR are unable to agree
<br />on entitlement to, or on the amount or extent, if any, of an
<br />adjus01lC01 in the ContraCt Price or Contract Times, or boch,
<br />that should be allowed as a result of a Work Change
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<br />Directive, a Claim may be made therefor as provided in
<br />paragraph 10.05.
<br />
<br />10.02 Unauthorized Changes in the Work
<br />
<br />A. CONTRACTOR shall not be entitled to an increase
<br />in the Contract Price or an extension of the Contract Times
<br />with respect to any work performed that is not required by
<br />the Contract Documents as amended, modified, or
<br />supplemented as provided in paragraph 3.04, except in the
<br />case of an emergency as provided in paragraph 6.16 or in the
<br />case of uncovering Work as provided in paragraph 13.04.B.
<br />
<br />10.03 Execution of Change Orders
<br />
<br />A, OWNER and CONTRACTOR shall execute
<br />. appropriate Change Orders recommended by ENGINEER (or
<br />Written Amendments) covering:'
<br />
<br />I. changes in the Work which are: (i) ordered by
<br />OWNER pursuant to paragraph 1O.01.A, (ii) required
<br />because of acceptance of defective Work under para-
<br />graph 13.08.A or OWNER's correction of defective
<br />Work under paragraph 13.09, or (iii) agreed to by the
<br />parties;
<br />
<br />2. changes in the Contract Price or Contract Times
<br />which are agreed to by the parties, including any
<br />undisputed sum or amount of time for Work actually
<br />perfOffiled in ,~rdance with a Work Change Dircctive;
<br />and
<br />
<br />3. changes in the Contract Price or Contract Times
<br />which embody the substance of any. wrinen decision
<br />rendered by ENGINEER pursuant to paragraph 10.05;
<br />provided that. in lieu of executing any such Change
<br />Order. an appeal may be taken from any such decision
<br />in accordance with the ,provisions of the Contract
<br />Documents and applicable Laws and Regulations, but
<br />. .during any such 'appeal, 'CONTRACfOR shall carry on
<br />the Work and adhere. to the progress schedule as
<br />provided in paragraph 6.18.A. -
<br />
<br />10.04 Norificcuion to Surety
<br />
<br />A. Ifnotice of any change.affecting the general scope
<br />of the Work or the provisions of the Contract Documents
<br />(including, but not limited to, Contract Price or Contract
<br />Times) is required by the provisions of any Bond to be given
<br />to a surety. the giving of any such notice will be
<br />CONTRACTOR's responsibility. The amount of each
<br />appli~le Bond will be adjusted to reflect the effect of any
<br />such change.
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