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subsurface or physical conditions or performing any c CONTRACTOR failed to give the Work in connection therewith (except in an emergency uired b written notice within the time and as re- as required y paragraph 6 . 16 .A) , notify OWNER and ENGINEER in writing about such condition . q Y Paragraph 4 . 03 .A. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3 . If OWNER and CONTRACTOR are ( except as aforesaid ) until receipt of written order to do unable to agree on entitlement to or on the so . amount or extent, if any, of any adjustment in the Contract Price or Contract Times , or both , a B . ENG/NEER 's Review: After receipt of written Claim may be made therefor as provided in required b paragraph 10 . 05 . However, OWNER notice as re , q y paragraph 4 . 03 .A, ENGINEER ENGINEER, and ENGINEER 's Consultants will promptly review the pertinent condition , determine shall not be liable to CONTRACTOR for any the necessity of OWNER 's obtaining additional claims , costs , losses exploration or tests with respect thereto , and advise l or damages ( including but not limited to al OWNER in writing (with a copy to CONTRACTOR of l fees and charges of ENGINEER 'S findings and conclusions . ) engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs ) sustained by C . Possible Price and Times Adjustments CONTRACTOR on or in connection with any 1 - The Contract Price or the Contract other project or anticipated project , Times , or both , will be equitably adjusted to the 4 . 04 Underground Facilities extent that the existence of such differing subsurface or physical condition causes an in - A. Shown or indicated: The information and data crease or decrease in CONTRACTOR 's cost shown or indicated in the Contract Documents with of, or time required for , performance of the respect to existing Underground Facilities at or Work; subject, however, to the following : contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the a . such condition must meet any one or owners of such Underground Facilities , including more of the categories described in para- OWNER, or by others . Unless it is otherwise graph 4 . 03 .A; and expressly provided in the Supplementary Conditions : b . with respect to Work that is paid for 1 . OWNER and ENGINEER shall not on a Unit Price Basis , any adjustment in be responsible for the accuracy or com - Contract Price will be subject to the provisions of paragraphs 9 . 08 and 11 . 03 . pleteness of any such information or data ; and 2 . the cost of all of the following will be 2 . CONTRACTOR shall not be entitled included in the Contract Price , and CONTRAC - to any adjustment in the Contract Price or TOR shall have full responsibility for: Contract Times if: a . reviewing and checking all such a . CONTRACTOR knew of the existence of such conditions at the time information and data , CONTRACTOR made a final commitment b . locating all Underground Facilities to OWNER in respect of Contract Price and shown or indicated in the Contract Contract Times by the submission of a Bid Documents , or becoming bound under a negotiated contract; or c . coordination of the Work with the owners of such Underground Facilities , b . the existence of such condition could including OWNER , during construction , and reasonably have been discovered or revealed as a result of any examination , d . the safety and protection of all such investigation , exploration , test , or study of Underground Facilities and repairing any the Site and contiguous areas required by damage thereto resulting from the Work . the Bidding Requirements or Contract Documents to be conducted by or for CON - B . Not Shown or Indicated TRACTOR prior to CONTRACTOR's making such final commitment; or 1 . If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07 .doc F :\Engineering\Capital Projects\0107-53rd St, 58th Ave-US #1 \Contract Documents\00700 - GOeneral Conditions REV 04-07 . doc