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furnishing any of the Work under a direct or indirect A. Reports and Drawings: The Supplementary contract with OWNER: (i ) shall not have or acquire Conditions identify: any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any 1 . those reports of explorations and thereof) prepared by or bearing the seal of tests of subsurface conditions at or contiguous ENGINEER or ENGINEER's Consultant, including to the Site that ENGINEER has used in electronic media editions; and (ii ) shall not reuse any preparing the Contract Documents, and of such Drawings , Specifications , other documents, or copies thereof on extensions of the Project or any 2a those drawings of physical other project without written consent of OWNER and conditions in or relating to existing surface or ENGINEER and specific written verification or subsurface structures at or contiguous to the adaption by ENGINEER. This prohibition will survive Site (except Underground Facilities) that ENGk final payment, completion , and acceptance of the NEER has used in preparing the Contract Work, or termination or completion of the Contract. Documents . Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record B . Limited Reliance by CONTRACTOR on purposes . Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings , but such ARTICLE 4 - AVAILABILITY OF LANDS ; reports and drawings are not Contract Documents . SUBSURFACE AND PHYSICAL CONDITIONS ; Such "technical data" is identified in the Supplementa- REFERENCE POINTS ry Conditions . Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any 4 .01 Availability of Lands of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site . OWNER shall 1 . the completeness of such reports notify CONTRACTOR of any encumbrances or and drawings for CONTRACTOR's purposes, restrictions not of general application but specifically including, but not limited to, any aspects of the related to use of the Site with which CONTRACTOR means, methods, techniques, sequences, and must comply in performing the Work. OWNER will procedures of construction to be employed by obtain in a timely manner and pay for easements for CONTRACTOR, and safety precautions and permanent structures or permanent changes in programs incident thereto; or existing facilities . If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or 28 other data, interpretations, opinions, extent, if any, of any adjustment in the Contract Price and information contained in such reports or or Contract Times, or both , as a result of any delay in shown or indicated in such drawings; or OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 3 . any CONTRACTOR interpretation of 10 .05m or conclusion drawn from any "technical data" or any such other data, interpretations, B . Upon reasonable written request, OWNER opinions , or information , shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 4 .03 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice: If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition at or contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations . 1 . is of such a nature as to establish C . CONTRACTOR shall provide for all additional that any "technical data" on which CONTRAC- lands and access thereto that may be required for TOR is entitled to rely as provided in paragraph temporary construction facilities or storage of 4 . 02 is materially inaccurate; or materials and equipment. 2o is of such a nature as to require a 4 .02 Subsurface and Physical Conditions change in the Contract Documents ; or 00700 - General Conditions REV 04-07.doc 00700 - 11 FAPublic Works\ENGINEERING DMSION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROD 0927Wdmim\Contract Documents\00700 - General Conditions REV 04- 07.doc