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' CONTRACTOR from retaining copies of the Contract sequences , and procedures of construction to be Documents for record purposes . employed by CONTRACTOR, and safety precautions and programs incident thereto; or ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND 2. other data , interpretations , opinions , and PHYSICAL CONDITIONS ; REFERENCE POINTS information contained in such reports or shown or indicated in such drawings ; or ' 4 . 01 Availability of Lands 3 . any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such A. OWNER shall furnish the Site. OWNER shall notify other data , interpretations , opinions , or information . ' CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with 4 . 03 Differing Subsurface or Physical Conditions which CONTRACTOR must comply in performing the Work . OWNER will obtain in a timely manner and pay for easements A. Notice: If CONTRACTOR believes that any subsur- ' for permanent structures or permanent changes in existing face or physical condition at or contiguous to the Site that is facilities . If CONTRACTOR and OWNER are unable to agree uncovered or revealed either: on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , as 1 - is of such a nature as to establish that any a result of any delay in OWNER's furnishing the Site , "technical data" on which CONTRACTOR is entitled to CONTRACTOR may make a Claim therefore as provided in rely as provided in paragraph 4 .02 is materially paragraph 10.05. inaccurate; or B . Upon reasonable written request, OWNER shall 2. is of such a nature as to require a change in the furnish CONTRACTOR with a current statement of record legal Contract Documents ; or title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for 3 . differs materially from that shown or indicated in giving notice of or filing a mechanic's or construction lien against the Contract Documents ; or such lands in accordance with applicable Laws and Regulations. 4 . is of an unusual nature, and differs materially from C. CONTRACTOR shall provide for all additional lands conditions ordinarily encountered and generally recognized as ' and access thereto that may be required for temporary inherent in work of the character provided for in the Contract construction facilities or storage of materials and equipment. Documents ; 4 . 02 Subsurface and Physical Conditions then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical A. Reports and Drawings: The Supplementary conditions or performing any Work in connection therewith Conditions identify: (except in an emergency as required by paragraph 6. 16.A), notify OWNER and ENGINEER in writing about such condition. 1 . those reports of explorations and tests of CONTRACTOR shall not further disturb such condition or subsurface conditions at or contiguous to the Site that perform any Work in connection therewith (except as aforesaid ) ENGINEER has used in preparing the Contract Docu- until receipt of written order to do so. ments ; and ' B. ENGINEER's Review: After receipt of written notice 2. those drawings of physical conditions in or relat- as required by paragraph 4. 03.A, ENGINEER will promptly ing to existing surface or subsurface structures at or review the pertinent condition , determine the necessity of contiguous to the Site (except Underground Facilities ) OWNER's obtaining additional exploration or tests with respect ' that ENGINEER has used in preparing the Contract thereto, and advise OWNER in writing (with a copy to Documents . CONTRACTOR) of ENGINEER's findings and conclusions . B . Limited Reliance by CONTRACTOR on Technical C. Possible Price and Times Adjusbnents Data Authorized.- CONTRACTOR may rely upon the general accuracy of the 'technical data" contained in such reports and 1 . The Contract Price or the Contract Times , or drawings , but such reports and drawings are not Contract Docu- both, will be equitably adjusted to the extent that the ments . Such "technical data" is identified in the Supplementary existence of such differing subsurface or physical Conditions . Except for such reliance on such "technical data , " condition causes an increase or decrease in CONTRACTOR may not rely upon or make any Claim against CONTRACTOR's cost of, or time required for, perfor- OWNER, ENGINEER, or any of ENGINEER's Consultants with mance of the Work ; subject, however, to the following : respect to: ' a . such condition must meet any one or more 1 . the completeness of such reports and drawings of the categories described in paragraph 4 . 03.A; for CONTRACTOR's purposes , including , but not limited and to, any aspects of the means , methods , techniques , 044572000 00700 - 10