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3 . Contractor shall not be liable to Owner or 2 . reuse any of such Drawings, Specifications, Engineer for failure to report any conflict, error, other documents, or copies thereof on extensions of ambiguity, or discrepancy in the Contract Documents the Project or any other project without written unless Contractor knew or reasonably should have consent of Owner and Engineer and specific written known thereof. verification or adaption by Engineer. B. Resolving Discrepancies B . The prohibition of this Paragraph 3 .05 will survive final payment, or termination of the Contract. Nothing I . Except as may be otherwise specifically stated in herein shall preclude Contractor from retaining copies of the Contract Documents, the provisions of the the Contract Documents for record purposes. Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- 3 .06 Electronic Data cy between the provisions of the Contract Documents and : A . Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may a. the provisions of any standard, specification, be relied upon are limited to the printed copies (also manual, code, or instruction (whether or not known as hard copies). Files in electronic media format of specifically incorporated by reference in the text, data, graphics, or other types are furnished only for Contract Documents); or the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files b. the provisions of any Laws or Regulations will be at the user's sole risk . If there is a discrepancy applicable to the performance of the Work between the electronic files and the hard copies, the hard (unless such an interpretation of the provisions copies govern. of the Contract Documents would result in viola- tion of such Law or Regulation). B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise 3 .04 Amending and Supplementing Contract without authorization of the data's creator, the party Documents receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which A . The Contract Documents may be amended to provide the receiving party shall be deemed to have accepted the for additions, deletions, and revisions in the Work or to data thus transferred. Any errors detected within the 60- modify the terms and conditions thereof by either a day acceptance period will be corrected by the Change Order or a Work Change Directive. transferring party. B. The requirements of the Contract Documents may be C. When transferring documents in electronic media supplemented and minor variations and deviations in the format, the transferring party makes no representations as Work may be authorized, by one or more of the following to long term compatibility, usability, or readability of ways : documents resulting from the use of software application packages, operating systems, or computer hardware I . A Field Order; differing from those used by the data' s creator. 2 . Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph ARTICLE 4 - AVAILABILITY OF LANDS; 6. 17 . D.3); or SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; 3 . Engineer's written interpretation or clarification . REFERENCE POINTS 3 .05 Reuse of Documents A . Contractor and any Subcontractor or Supplier or other 4.01 Availability of Lands individual or entity performing or furnishing all of the A. Owner shall famish the Site. Owner shall notify Work under a direct or indirect contract with Contractor, Contractor of any encumbrances or restrictions not of shall not: general application but specifically related to use of the Site with which Contractor must comply in performing 1 . have or acquire any title to or ownership rights in the Work. Owner will obtain in a timely manner and pay any of the Drawings, Specifications, or other for easements for permanent structures or permanent documents (or copies of any thereof) prepared by or changes in existing facilities. If Contractor and Owner are bearing the seal of Engineer or Engineer' s unable to agree on entitlement to or on the amount or consultants, including electronic media editions; or extent, if any, of any adjustment in the Contract Price or Contract Times, or both , as a result of any delay in Owner' s furnishing the Site or a part thereof, Contractor EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright b 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 11