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perform any Work in connection therewith (except as aforesaid)
<br /> 1 .those reports of explorations and tests of until receipt of written order-to do so.
<br /> subsurface conditions at or contiguous to the Site that
<br /> ENGINEER has used in preparing the Contract B. ENGINEER's Review, After receipt of written notice
<br /> ' Documents; and as required by paragraph 4.03.A, ENGINEER will promptly
<br /> review the pertinent condition, determine the necessity of
<br /> 2. those drawings of physical conditions in or OWNER's obtaining additional exploration or tests with respect
<br /> relating to existing surface or subsurface structures at or thereto, and advise OWNER in writing (with a
<br /> copy to
<br /> contiguous to the Site (except Underground Facilities) CONTRACTOR) of ENGINEER's findings and conclusions.
<br /> that ENGINEER has used in preparing the Contrail
<br /> Documents C. Passible Price and Times Adjustments
<br /> B. limited Reliance by CONTRACTOR on Technical 1 . The Contract Price or the Contract Tines, or
<br /> ' Data Auttwrized: CONTRACTOR may rely upon the general both, will be equitably adjusted to the extent that the
<br /> accuracy of the 'technical data" contained in such reports and existence of such differing subsurface or physical
<br /> drawings, but such reports and drawings are not Contract condition causes an increase or decrease in
<br /> Documents. Such `technical data' is identified in the CONTRACTOR s cost of, or time required for,
<br /> ' Supplementary Conditions. Except for such reliance on such performance of the Work; subject, however, to the
<br /> 'teclmnical data," CONTRACTOR may not rely upon or make following:
<br /> any Claim against OWNER, ENGINEER, or any of
<br /> ENGINEER's Consultants with respect to: a. such condition must meet any one or more
<br /> of the categories described in paragraph 4.03A;
<br /> i .the completeness of such reports and drawings and
<br /> for CONTRACTOR's purposes, including, but not
<br /> limited to, any aspects of the means, methods, b. with respect to Work that is paid for on a
<br /> techniques, sequences, and procedures of construction Unit Price Basis, any adjustment in Contract Price
<br /> to be employed by CONTRACTOR, and safety will be subject to the provisions of paragraphs 9.08
<br /> precautions and programs incident thereto; or and 11 .03.
<br /> 2. other data, interpretations, opinions, and 2. CONTRACTOR shall not be entitled to any
<br /> information contained in such reports or shown or adjustment in the Contract Price or Contract Times it
<br /> indicated in such drawings; or
<br /> a. CONTRACTOR knew of the existence of
<br /> 3.any CONTRACTOR interpretation of or such conditions at the time CONTRACTOR made a
<br /> conclusion drawn from any "technical data" or any such final commitment to OWNER in respect of Contract
<br /> other data, interpretations, opinions, or information. Price and Contrail Times by the submission of a
<br /> Bid or becoming bound under a negotiated contract;
<br /> 4.03 Differing Subsurface or Physical Conditions or
<br /> A. Notice; If CONTRACTOR believes that any b. the existence of such condition could
<br /> subsurface or physical condition at or contiguous to the Site that reasonably have been discovered or revealed as a
<br /> I ur> cceeredor � either result of any examination, investigation, exploration,
<br /> test, or study of the Site and contiguous areas
<br /> 1 . is of such a nature as to establish that any required by the Bidding Requirements or Contract
<br /> "technical data" on which CONTRACTOR is entitled to Documents to be conducted by or for
<br /> rely as provided in paragraph 4.02 is materially CONTRACTOR prior to CONTRACTOR's making
<br /> inaccurate; or such final commitment or
<br /> 2. is of such a nature as to require a change in the c. CONTRACTOR failed to give the written
<br /> Contract Documents; or notice within the time and as required by paragraph
<br /> 4.03.A.
<br /> 3.differs materially from that shown or indicated in
<br /> the Contrail Documents; or 3. I1' OWNER and CONTRACTOR are unable to
<br /> agree on entitlement to or on the amount or extent, if
<br /> 4. is of an unusual nature, and differs materially from any, of any adjustment in the Contract Price
<br /> or Contrail
<br /> conditions ordinarily encountered and generally recognized as Times, or both, a Claim may be made therefore
<br /> as
<br /> inherent in work of the character provided for in the Contract provided in paragraph 10.05. However,
<br />OWNER,
<br /> Documents; ENGINEER, and ENGINEER's Consultants shall not be
<br /> ' liable to CONTRACTOR for any claims, costs, losses,
<br /> then CONTRACTOR shall, promptly after becoming aware or damages (including but not limited to all fees
<br /> and
<br /> thereof and before further disturbing the subsurface or physical charges of engineers, architects, attorneys, and other
<br /> conditions or performing any Work in connection therewith professionals and all court or arbitration or other dispute
<br /> (except in an emergency as required by paragraph 6. 16A), resolution costs) sustained by CONTRACTOR on or in
<br /> notify OWNER and ENGINEER in writing about such condition, connection with any other project or anticipated per•
<br /> CONTRACTOR shall not further disturb such condition or
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