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made by Engineer in good faith either to exercise or B. If O,niner and Contractor are unable to
<br /> not exercise such authority or responsibility or the agree on entitlement to, or on the amount or extent,
<br /> undertaking, exercise, or performance of any if arty, of an adjustment in the Contract Price or
<br /> authority or responsibility by Engineer shall create, Contract Times,or both,that should be allowed as a
<br /> impose, or give rise to any duty in contract, tort, or result of a Work Change Directive, a Claim may be
<br /> otherwise owed by Engineer to Contractor, any made therefor as provided in Paragraph 10.05.
<br /> Subcontractor, any Supplier. any other individual or
<br /> entity, or to any surety for or employee or agent of 10.02 Unauthorized Changes in the Work
<br /> any of them.
<br /> A.Contractor shall not be entitled to an
<br /> 8. Engineer will not supervise, direct, increase in the Contract Price or art extension of the
<br /> control, or have authority over or be responsible for Contract Times with respect to any work performed
<br /> Contractor's means, methods, techniques, se- that is not required by the Contract Documents as
<br /> quences,or procedures of construction,or the safety amended, modified,or supplemented as provided in
<br /> precautions and programs incident thereto, or for Paragraph 3.04. except in the case of an emergency
<br /> any failure of Contractor to comply with Laws and as provided in Paragraph 6.16 or in the case of
<br /> Regulations applicable to the performance of the uncovering Work as provided in Paragraph 13.04.8:
<br /> Work. Engineer will not be responsible for
<br /> Contractor's failure to perform the Work in accor- 10.03 Execution of Change Orders
<br /> dance with the Contract Documents.
<br /> A. Owner and Contractor shall execute
<br /> C. Engineer will not be responsible for the appropriate Change Orders recommended by
<br /> acts or omissions of Contractor or of any Engineer covering
<br /> Subcontractor, any Supplier, or of any other
<br /> individual or entity performing any of the Work. 1. changes in the Work which are. (I)
<br /> ordered by Owner pursuant to Paragraph 10 01 A.
<br /> 0 Engineer's review of the final Application (ii) required because of acceptance of defective
<br /> for Payment and accompanying documentation and Work under Paragraph 13 08.A or Owner's
<br /> all maintenance and operating instructions, correction of defective Work under Paragraph 13 09
<br /> schedules, guarantees. bonds. certificates of or(iii)agreed to by the parties
<br /> inspection, tests and approvals, and other documen-
<br /> tation required to be delivered by Paragraph 14.07.A 2. changes in the Contract Price or Contract
<br /> will only be to determine generally that their content Times which are agreed to by the parties, including
<br /> complies with the requirements of, and in the case of any undisputed sum or amount of time for Work
<br /> certificates of inspections, tests, and approvals that actually performed in accordance with a Work
<br /> the results certified indicate compliance with the Change Directive,and
<br /> Contract Documents.
<br /> 3. changes in the Contract Price or Contract
<br /> E. The limitations upon authority and Times which embody the substance of any written
<br /> responsibility set forth in this Paragraph 9.09 shall decision rendered by Engineer pursuant to
<br /> also apply to, the Resident Project Representative, if Paragraph 10.05. provided that, in lieu of executing
<br /> any,and assistants, if any any such Change Order, an appeal may be taken
<br /> from any such decision in accordance with the
<br /> provisions of the Contract Documents and
<br /> ARTICLE 10-CHANGES IN THE WORK, CLAIMS applicable Laws and Regulations, but during any
<br /> such appeal,Contractor shall carry on the Work and
<br /> adhere to the Progress Schedule as provided in
<br /> 10.01 Authorized Changes in the Work Paragraph 6.18 A.
<br /> A, Without invalidating the Contract and 10.04 Notification to Surety
<br /> without notice to any surety,Owner may, at any time
<br /> or from time to time, order additions, deletions, or A, If notice of any change affecting the
<br /> revisions in the Work by a Change Order, or a Work general scope of the Work or the provisions of the
<br /> Change Directive. Upon receipt of any such Contract Documents (including, but not limited to,
<br /> document, Contractor shall promptly proceed with Contract Price or Contract Times)is required by the
<br /> the Work involved which will be performed under the provisions of any bond to be given to a surety, the
<br /> applicable conditions of the Contract Documents giving of any such notice will be Contractor's
<br /> (except as otherwise specifically provided). responsibility. The amount of each applicable bond
<br /> EJCtIC C-700 Standard Geste rat Conditions of the Construction Contract.
<br /> Copyright C 2002 National 5Klrt1 of Professional Engineers for FJCnc'. All rights resersed.
<br /> 00700-JO
<br /> 03112 11-4179
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