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OWNER, ENGINEER, or any of ENGINEER's Consultants with
<br /> respect to: b. with respect to Work that is paid for on a
<br /> Unit Price Basis , any adjustment in Contract Price
<br /> 1 . the completeness of such reports and drawings will be subject to the provisions of paragraphs 9.08
<br /> for CONTRACTOR's purposes , including, but not and 11 .03.
<br /> limited to, any aspects of the means, methods,
<br /> techniques , sequences, and procedures of construction 2. CONTRACTOR shall not be entitled to any
<br /> to be employed by CONTRACTOR, and safety precau- adjustment in the Contract Price or Contract Times if:
<br /> tions and programs incident thereto; or
<br /> 2. oher data , interpretations, opinions, anda. CONTRACTOR knew of the existence of
<br /> information contained in such reports or shown or such conditions at the time CONTRACTOR made a
<br /> final commitment to OWNER in respect of Contract
<br /> indicated in such drawings; or Price and Contract Times by the submission of a �
<br /> Bid or becoming bound under a negotiated contract;
<br /> 3. any CONTRACTOR interpretation of or or
<br /> conclusion drawn from any "technical data" or any such
<br /> other data, interpretations, opinions, or information. b. the existence of such condition could
<br /> 4.03 Differing Subsurface or Physical Conditions reasonably have been discovered or revealed as a
<br /> result of any examination, investigation, exploration,
<br /> A. Notice: If CONTRACTOR believes that an subsur- test, or study of the Site and contiguous areas
<br /> Y required by the Bidding Requirements or Contract
<br /> face or physical condition at or contiguous to the Site that is Documents to be conducted by or
<br /> for CON-
<br /> uncovered or revealed either. TRACTOR prior to CONTRACTOR's making such
<br /> 1 . is of such a nature as to establish that any final commitment; or
<br /> "technical data" on which CONTRACTOR is entitled to c. CONTRACTOR failed to give the written
<br /> rely as provided in paragraph 4.02 is materially notice within the time and as required by paragraph
<br /> inaccurate; or 4.03.A.
<br /> 2. is of such a nature as to require a change in the 3. If OWNER and CONTRACTOR are unable to
<br /> Contract Documents; or agree on entitlement to or on the amount or extent, if
<br /> any, of any adjustment in he Contract Price or Contract
<br /> 3. differs materially from that shown or indicated in Times, or both, a Claim may be made therefore as
<br /> the Contract Documents; or provided in paragraph 10.05. However, OWNER,
<br /> 4. is of an unusual nature, and differs material) from ENGINEER, and ENGINEER's Consultants shall not
<br /> be
<br /> Y liable to CONTRACTOR for any claims , costs, losses,
<br /> conditions ordinarily encountered and generally recognized as or damages (including but not limited to all fees and
<br /> inherent in work of he character provided for in he Contract charges of engineers, architects, attorneys, and other
<br /> Documents; professionals and all court or arbitration or other dispute
<br /> resolution costs) sustained by CONTRACTOR on or in
<br /> then CONTRACTOR shall
<br /> promptly after becoming aware connection with any other project or anticipated project
<br /> thereof and before further disturbing the subsurface or physical
<br /> conditions or performing any Work in connection herewith 4. 04 Underground Facilities
<br /> (except in an emergency as required by paragraph 6. 16A),
<br /> notify OWNER and ENGINEER in writing about such condition. A. Shown or Indicated.- The information and data shown
<br /> CONTRACTOR shall not further disturb such condition or or indicated in the Contract Documents with respect to existing
<br /> perform any Work in connection therewith (except as aforesaid) Underground Facilities at or contiguous to the Site is based on
<br /> until receipt of written order to do so. information and data furnished to OWNER or ENGINEER by
<br /> owners
<br /> ties, including OWNER,
<br /> B. ENGINEER's Review- After receipt of written notice o by others. f Unless it s otherwise such Underground elxpressly provided
<br /> int the
<br /> as required by paragraph 4. 03.A, ENGINEER will promptly Supplementary Conditions:
<br /> review he pertinent condition, determine the necessity of
<br /> OWNER's obtaining additional exploration or tests with respect 1 . OWNER and ENGINEER shall not be
<br /> hereto, and advise OWNER in writing (with a copy to responsible for the accuracy or completeness
<br /> of any
<br /> CONTRACTOR) of ENGINEER's findings and conclusions. such information or data; and
<br /> C. Possible Price and Times Adjustments 2. the cost of all of the following will be included in
<br /> the Contract Price, and CONTRACTOR shall have full
<br /> 1 . The Contract Price or he Contract Times, or responsibility for
<br /> both, will be equitably adjusted to he extent that the
<br /> existence of such differing subsurface or physical a. reviewing and checking all such information
<br /> condition causes an increase or decrease in and data,
<br /> CONTRACTOR's cost of, or time required for, perfor-
<br /> mance of the Work; subject, however, to the following: b. locating all Underground Facilities shown or
<br /> a. such condition must meet any one or more indicated in the Contract Documents,
<br /> of the categories described in paragraph 4. 03A;
<br /> and
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