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' B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
<br /> Owner or Contractor believes that any such decision entitles them to an adjustment in the
<br /> Contract Price or Contract Times or both, a Claim maybe made under Paragraph 10.05.The date
<br /> ' of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
<br /> purposes of Paragraph 10.05.B.
<br /> ' C. Engineer's written decision with respect to any such Claim will be a condition precedent to any
<br /> exercise of rights or remedies a party may have under law.
<br /> ' D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
<br /> partiality to Owner or Contractor and will not be liable in connection with any interpretation or
<br /> decision unless either party proves, by the preponderance of the evidence, that Engineer's
<br /> ' decision was made arbitrarily and capriciously, with no evidence whatsoever to support
<br /> Engineer's decision.
<br /> ' 9.09 Limitations on Engineer's Authority and Responsibilities
<br /> A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision
<br /> ' of the Contract Documents nor any decision made by Engineer in good faith either to exercise
<br /> or not exercise such authority or responsibility or the undertaking, exercise, or performance of
<br /> any authority or responsibility by Engineer shall create, impose, or give rise to any duty in
<br /> ' contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier,
<br /> any other individual or entity, or to any surety for or employee or agent of any of them. As a
<br /> condition of the Contractor accepting the right to perform the Work required under this
<br /> ' Agreement,the Contractor on behalf of itself,its subcontractors, employees, sureties, and assigns
<br /> does prospectively release any such claim as to Engineer and Contractor agrees its sole remedy
<br /> shall be under the Contract to request additional time and compensation from the Owner in strict
<br /> ' accordance with the provisions of this Agreement.
<br /> B. Engineer will not supervise, direct, control, or have authority over or be responsible for
<br /> ' Contractor's means,methods, techniques, sequences, or procedures of construction, or the safety
<br /> precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
<br /> and Regulations applicable to the performance of the Work. Engineer will not be responsible for
<br /> ' Contractor's failure to perform the Work in accordance with the Contract Documents.
<br /> C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
<br /> ' any Supplier, or of any other individual or entity performing any of the Work. Neither the
<br /> professional activities of Engineer, nor the presence of Engineer or its employees or consultants
<br /> at the Project site, shall relieve Contractor of its obligations, duties, and responsibilities under the
<br /> Contract Documents.
<br /> D. Engineer's review of the final Application for Payment and accompanying documentation and
<br /> ' all maintenance and operating instructions, schedules, guarantees, bonds, certificates of
<br /> inspection, tests and approvals, and other documentation required to be delivered by Paragraph
<br /> 14.07.A will only be to determine generally that their content complies with the requirements of,
<br /> ' and in the case of certificates of inspections,tests, and approvals that the results certified indicate
<br /> compliance with,the Contract Documents.
<br /> tEJCDC C-700 Modified Standard General Conditions of the Construction Contract
<br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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