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c. The consent of any surety shall be obtained to the extent required prior to payment for <br /> any materials stored off the Project site. <br /> d. Representatives of Owner and Owner's lender, if any, shall have the right to make <br /> inspections of the storage areas at any time. <br /> e. Such materials shall be: (1) protected from diversion, destruction, theft, and damage to <br /> the satisfaction of Owner and Owner's lender, if any; (2) specifically marked for use on <br /> the Project;and(3)segregated from other materials at the storage facility. <br /> B. Review of Applications: <br /> 1. Engineer will, within 10 days after receipt of each complete Application for Payment, <br /> either indicate in writing a recommendation of payment and present the Application to <br /> Owner or return the Application to Contractor indicating in writing Engineer's reasons for <br /> refusing to recommend payment. In the latter case, Contractor may make the necessary <br /> corrections and resubmit the Application. <br /> 2. Engineer's recommendation of any payment requested in an Application for Payment will <br /> constitute a representation by Engineer to Owner,based on Engineer's observations of the <br /> executed Work as an experienced and qualified design professional, and on Engineer's <br /> review of the Application for Payment and the accompanying data and schedules, that to <br /> the best of Engineer's knowledge,information and belief: <br /> a. the Work has progressed to the point indicated; <br /> b. the quality of the Work is generally in accordance with the Contract Documents (subject <br /> to an evaluation of.the Work as a functioning whole prior to or upon Substantial <br /> Completion, the results of any subsequent tests called for in the Contract Documents, a <br /> final determination of quantities and classifications for Unit Price Work under Paragraph <br /> 9.07, and any other qualifications stated in the recommendation); and <br /> c. the conditions precedent to Contractor's being entitled to such payment appear to have <br /> been fulfilled in so far as it is Engineer's responsibility to observe the Work. <br /> 3. By recommending any such payment Engineer will not thereby be deemed to have <br /> represented that: <br /> a. inspections made to check the quality or the quantity of the Work as it has been <br /> performed have been exhaustive, extended to every aspect of the Work in progress, or <br /> involved detailed inspections of the Work beyond the responsibilities specifically <br /> assigned to Engineer in the Contract Documents; or <br /> b. That Engineer is legally liable or responsible for any defects in the Work performed by <br /> the Contractor;or <br /> c. there may not be other matters or issues between the parties that might entitle Contractor <br /> to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 70 of 81 <br />