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3 . differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents , or , contract; or 4 . is of an unusual nature, and differs b . the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination , ent in work of the character provided for in the investigation , exploration , test, or study of Contract Documents ; the Site and contiguous areas required by the Bidding Requirements or Contract then CONTRACTOR shall , promptly after becoming Documents to be conducted by or for CON = aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6. 16 .A), notify OWNER and c. CONTRACTOR failed to give the ENGINEER in writing about such condition . written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4 .03 .A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3 . If OWNER and CONTRACTOR are M unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in B. ENGINEER's Review: After receipt of written the Contract Price or Contract Times, or both, a notice as required by paragraph 4.03 .A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition , determine paragraph 10 .05. However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants exploration or tests with respect thereto, and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims , costs, _ losses, or damages (including ENGINEER's findings and conclusions. but not limited to all fees and charges of engineers , architects, attorneys, and other C. Passible Price and Times Adjustments professionals and all court or arbitration or other dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any Times , or both , will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in= 4 .04 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated: The information and data Work; subject, however, to the following : shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a . such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4 .03 .A; and owners of such Underground Facilities, including OWNER, or by others . Unless it is otherwise b . with respect to Work that is paid for expressly provided in the Supplementary Conditions . on a Unit Price Basis , any adjustment in Contract Price will be subject to the 1 . OWNER and ENGINEER shall not provisions of paragraphs 9 .08 and 11 .03 . be responsible for the accuracy or com- pleteness of any such information or data ; and 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or 2a the cost of all of the following will be Contract Times if: included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a . CONTRACTOR knew of the existence of such conditions at the time a . reviewing and checking all such CONTRACTOR made a final commitment information and data, to OWNER in respect of Contract Price and Contract Times by the submission of a Bid 00700 - General Conditions REV 04-07.doc 00700 - 12 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St•SEE PROJ 0927Wdmim\Contract Documents100700 = General Conditions REV 04- 07.doc