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-racadonlo Client that the Work has progressed to the point <br />,dicated and that, to the best of Malcolm Pirnie's knowl- <br />cdge, information and belief, the quality of the Work is <br />generally in accordance with the Contract Documents subjed <br />? to an evaluation of the Work as a functioning whole prior to <br />or upon Substantial Completion, to the results of any subse- <br />quent tests called for in the Contrad Documents and to any <br />other qualifications stated in the recommendations. <br />92 In the case of unit price Work, include final deter- <br />mina6ons of quantities and classifications of the Work in the <br />recommendations of payment, subject to any subsequent <br />adjustments allowed by the Contract Documents. <br />93 By recommending any payment Malcolm Pirnie will <br />not thereby be deemed to have represented that exhaustive, <br />continuous or detailed reviews or examinations beyond the <br />responsibilities specifically assigned to Malcolm Pirnie in this <br />Agreement and the Contrad Documents have been made by <br />Malcolm Pirnie to check the quality or quantity of the Work <br />as it is furnished and performed. Malcolm Pirnie is not <br />responsible to examiae how or for what purposes the <br />Contractor has used the moneys paid on account, or to <br />determine that title to any of the Work, materials or equip- <br />ment has passed to Client free and clear of any lien, claims, <br />security interests or encumbrances, or that there may not be <br />other matters at issue between Client and Contractor that <br />might affed the amount that should be paid <br />10. Contractor's Completion Documents. Malcolm Pirnie <br />shall receive and review maintenance and operating instruc- <br />tions, schedules, guazantees, bonds and certificates of <br />inspectioq tests, approvals, and record documents which are <br />to be assembled by Contrador in accordance with the <br />Contract Documents. Such review is limited to determining <br />that their content complies with the requirements of the <br />Contract Documents Malcolm Pirnie shall transmit the <br />documents to Client with written comments. <br />NODffi.C/djl <br />1943-003 <br />11. Inspections. Malcolm Pirnie shall conduct an inspection <br />to determine if the work is substantially complete and a final <br />inspection to determine if the completed Work is acceptable <br />so that Malcolm Pirnie may recommend, in writing, 5na1 <br />payment to Contractor. Malcolm Pirnie may give written <br />notice to Client and the Contrador that the Work is accept- <br />able (subject to any conditions therein expressed), but any <br />such recommendation and notice will be subject to the <br />limitations expressed in paragraph 93. <br />11 Limitation of Responsibllities. Malcolm Pirnie shall not <br />be responsible for the acts or omissions of the Contractor, <br />or of any subcontracxor or supplier, or any of the Contrad- <br />or's or subcontrador's or supplier's agents or employees or <br />any other persons (except Malcolm Pirnie's own employees <br />and agents) at the site or otherwise furnishing or performing <br />any of the Work. However, nothing contained in pazagraphs <br />1 thru 11, shall be construed to release Malcolm Pirnie from <br />liability for failure to properly perform the duties and <br />responsibilities assumed by Malcolm Pirnie in the Contract <br />Documents. <br />D3 <br />... .