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<br /> by Owner. Engineer's administration of the contract for <br /> construction shall be provided in strict adherence with the <br /> construction contract documents and Engineer shall not pursue a <br /> course of conduct which might jeopardize any of Owner's rights <br /> thereunder. Minor deviations from the construction contract <br /> documents that do not affect the validity of the performance bond <br /> is permitted. <br /> 1.3.3 The Engineer shall be a representative but not an agent <br /> of the Owner during the Construction Phase, and shall advise and <br /> consult with the Owner and provide advice, if any, to the Owner in <br /> writing. The Owner's instructions to the Contractor shall be <br /> forwarded through the Engineer, unless ( 1) the Engineer is <br /> unavailable by telephonic communication or otherwise to issue <br /> instructions necessary for the proper progress and acceptance of <br /> work; (2) when jeopardy to life and/or property exists; and/or (3) <br /> when lack of instructions and/or unavailability of Engineer will <br /> result in, in the Owner's opinion, harm to the Owner, in which <br /> case instructions may be forwarded directly to the Contractor by <br /> the Owner. The Engineer shall have authority to act on behalf of <br /> the Owner only to the extent provided herein and in the <br /> construction contract documents unless otherwise modified by <br /> written instrument in accordance with Section 1. 3 . l3. Any <br /> instructions issued directly by the Owner to the Contractor shall <br /> be immediately communicated to the Engineer if the Engineer was <br /> unavailable at the time of issuance of instructions. <br /> -4- <br />