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paragraph 10 . 05 . However, OWNER , <br /> B. ENGINEER's Review: After receipt of written ENGINEER , and ENGINEER 's Consultants <br /> notice as required by paragraph 4 . 03 . A, ENGINEER shall not be liable to CONTRACTOR for <br /> any <br /> will promptly review the pertinent condition , determine claims , costs , losses , or damages ( including <br /> the necessity of OWNER's obtaining additional but not limited to all fees and charges of <br /> exploration or tests with respect thereto, and advise engineers , architects , attorneys, and other <br /> OWNER in writing (with a copy to CONTRACTOR ) of professionals and all court or arbitration or other <br /> ENGINEER's findings and conclusions , dispute resolution costs) sustained by <br /> CONTRACTOR on or in connection with any <br /> C . Possible Price and Times Adjustments other project or anticipated project. <br /> 1 . The Contract Price or the Contract 4 . 04 Underground Facilities <br /> Times , or both , will be equitably adjusted to the <br /> extent that the existence of such differing A. Shown or Indicated: The information and data <br /> subsurface or physical condition causes an in- shown or indicated in the Contract Documents with <br /> crease or decrease in CONTRACTOR 's cost respect to existing Underground Facilities at or <br /> of, or time required for, performance of the contiguous to the Site is based on information and <br /> Work ; subject, however, to the following : data furnished to OWNER or ENGINEER by the <br /> owners of such Underground Facilities, including <br /> a . such condition must meet any one or OWNER , or by others . Unless it is otherwise <br /> more of the categories described in para- expressly provided in the Supplementary Conditions : <br /> graph 4 . 03 . A; and <br /> 1 . OWNER and ENGINEER shall not <br /> b . with respect to Work that is paid for be responsible for the accuracy or com- <br /> on a Unit Price Basis , any adjustment in pleteness of any such information or data ; and <br /> Contract Price will be subject to the <br /> provisions of paragraphs 9 . 08 and 11 . 03 . 20 the cost of all of the following will be <br /> included in the Contract Price, and CONTRAC- <br /> 2 . CONTRACTOR shall not be entitled TOR shall have full responsibility for: <br /> to any adjustment in the Contract Price or <br /> Contract Times if: a . reviewing and checking all such <br /> information and data , <br /> a . CONTRACTOR knew of the <br /> existence of such conditions at the time b. locating all Underground Facilities <br /> CONTRACTOR made a final commitment shown or indicated in the Contract <br /> to OWNER in respect of Contract Price and Documents , <br /> Contract Times by the submission of a Bid <br /> or becoming bound under a negotiated c. coordination of the Work with the <br /> contract; or owners of such Underground Facilities , <br /> b, the existence of such condition could including OWNER , during construction , and <br /> reasonably have been discovered or d , the safety and protection of all such <br /> revealed as a result of any examination , Underground Facilities and repairing any <br /> investigation , exploration , test, or study of damage thereto resulting from the Work . <br /> the Site and contiguous areas required by <br /> the Bidding Requirements or Contract B . Not Shown or Indicated <br /> Documents to be conducted by or for COW <br /> TRACTOR prior to CONTRACTOR's 1 . If an Underground Facility is <br /> making such final commitment; or uncovered or revealed at or contiguous to the <br /> Site which was not shown or indicated , or not <br /> c . CONTRACTOR failed to give the shown or indicated with reasonable accuracy in <br /> written notice within the time and as re- the Contract Documents , CONTRACTOR shall , <br /> quired by paragraph 4 . 03 . A. promptly after becoming aware thereof and <br /> before further disturbing conditions affected <br /> 3 . If OWNER and CONTRACTOR are thereby or performing any Work in connection <br /> unable to agree on entitlement to or on the therewith (except in an emergency as required <br /> amount or extent, if any, of any adjustment in by paragraph 6 . 16 . A) , identify the owner of <br /> the Contract Price or Contract Times, or both , a such Underground Facility and give written <br /> Claim may be made therefor as provided in notice to that owner and to OWNER and ENGI - <br /> 00700 - 12 00700 - General Conditions REV 5-10- 13. doc <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Ballfleld\Admin\bid documents\MasterContract\Contract Documents\00700 - General Conditions REV <br />5-10- <br /> 13. doc <br />