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Work (unless such an interpretation of the provi- the Site with which CONTRACTOR must comply in sions of the Contract Documents would result in performing the Work. OWNER will obtain in a timely violation of such Law or Regulation) . manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- 3 .04 Amending and Supplementing Contract TRACTOR and OWNER are unable to agree on entitle- Documents ment to or on the amount or extent, if any, of any adjust- ment in the Contract Price or Contract Times, or both, as a A. The Contract Documents may be amended to result of any delay in OWNER's furnishing the Site, provide for additions, deletions, and revisions in the Work CONTRACTOR may make a Claim therefor as provided in or to modify the terms and conditions thereof in one or paragraph 10.05 . more of the following ways : (i) a Written Amendment; (ii) a L Change Order; or (iii) a Work Change Directive. B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record B . The requirements of the Contract Documents may legal title and legal description of the lands upon which the be supplemented, and minor variations and deviations in the Work is to be performed and OWNER' s interest therein as Work may be authorized, by one or more of the following necessary for giving notice of or filing a mechanic's or ways : (i) a Field Order; (ii) ENGINEER' s approval of a construction lien against such lands in accordance with Shop Drawing or Sample; or (iii) ENGINEER' s written applicable Laws and Regulations. interpretation or clarification. C. CONTRACTOR shall provide for all additional 3 .05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- A. CONTRACTOR and any Subcontractor or ment. Supplier or other individual or entity performing or fixrnishing any of the Work under a direct or indirect 4 .02 Subsurface and Physical Conditions contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, A. Reports and Drawings: The Supplementary Specifications, or other documents (or copies of any Conditions identify: thereof) prepared by or bearing the seal of ENGINEER or ENGINEER' s Consultant, including electronic media 1 . those reports of explorations and tests of editions; and (ii) shall not reuse any of such Drawings, subsurface conditions at or contiguous to the Site Specifications, other documents, or copies thereof on that ENGINEER has used in preparing the Contract extensions of the Project or any other project without Documents; and written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This 2. those drawings of physical conditions in prohibition will survive final payment, completion, and or relating to existing surface or subsurface struc- acceptance of the Work, or termination or completion of the tures at or contiguous to the Site (except Contract. Nothing herein shall preclude CONTRACTOR Underground Facilities) that ENGINEER has used from retaining copies of the Contract Documents for record in preparing the Contract Documents. purposes. B . Limited Reliance by CONTRACTOR on Technical A new Section, 3 .06 — "Coordination of Plans, Data Authorized: CONTRACTOR may rely upon the Specifications, and Special Provisions" has been added. general accuracy of the "technical data" contained in such See the Supplementary Conditions* reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in ARTICLE 4 - AVAILABILITY OF LANDS ; the Supplementary Conditions. Except for such reliance on SUBSURFACE AND PHYSICAL CONDITIONS ; such "technical data," CONTRACTOR may not rely upon REFERENCE POINTS or make any Claim against OWNER, ENGINEER, or any of ENGINEER' s Consultants with respect to: 4 .01 Availability of Lands 1 , the completeness of such reports and drawings for CONTRACTOR' s purposes, including, A. OWNER shall furnish the Site. OWNER shall but not limited to, any aspects of the means, notify CONTRACTOR of any encumbrances or restrictions methods, techniques, sequences, and procedures of not of general application but specifically related to use of construction to be employed by CONTRACTOR, Rev . 03 / 2006 Egret Marsh 00700 - 12