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<br /> or any such other data , interpretations , a . such condition must meet any one or
<br /> opinions , or information . more of the categories described in parr
<br /> 4 . 03 Differing Subsurface or Physical Conditions graph 4 . 03 . A; and
<br /> b . with respect to Work that is paid for
<br /> A. Notice: If CONTRACTOR believes that any on a Unit Price Basis , any adjustment in
<br /> subsurface or physical condition at or contiguous to Contract Price will be subject to the
<br /> the Site that is uncovered or revealed either: provisions of paragraphs 9 . 08 and 11 . 03 ,
<br /> 1 . is of such a nature as to establish 2 . CONTRACTOR shall not be entitled
<br /> that any "technical data" on which CONTRAC. to any adjustment in the Contract Price or
<br /> TOR is entitled to rely as provided in paragraph Contract Times if:
<br /> 4 . 02 is materially inaccurate ; or
<br /> & CONTRACTOR knew of the
<br /> 21 is of such a nature as to require a existence of such conditions at the time
<br /> change in the Contract Documents ; or CONTRACTOR made a final commitment
<br /> to OWNER in respect of Contract Price and
<br /> 3 , differs materially from that shown or Contract Times by the submission of a Bid
<br /> indicated in the Contract Documents ; or or becoming bound under a negotiated
<br /> contract; or
<br /> 4 . is of an unusual nature , and differs
<br /> materially from conditions ordinarily b. the existence of such condition could
<br /> encountered and generally recognized as inher- reasonably have been discovered or
<br /> ent in work of the character provided for in the revealed as a result of any examination ,
<br /> Contract Documents ; investigation , exploration , test, or study of
<br /> the Site and contiguous areas required by
<br /> then CONTRACTOR shall , promptly after becoming the Bidding Requirements or Contract
<br /> aware thereof and before further disturbing the Documents to be conducted by or for CON -
<br /> subsurface or physical conditions or performing any TRACTOR prior to CONTRACTOR's
<br /> Work in connection therewith (except in an emergency making such final commitment; or
<br /> as required by paragraph 6 , 16 , A) , notify OWNER and
<br /> ENGINEER in writing about such condition , c. CONTRACTOR failed to give the
<br /> CONTRACTOR shall not further disturb such written notice within the time and as ri
<br /> condition or perform any Work in connection therewith quired by paragraph 4 . 03 . A .
<br /> (except as aforesaid ) until receipt of written order to do
<br /> so . 3 , If OWNER and CONTRACTOR are
<br /> unable to agree on entitlement to or on the
<br /> B , ENGINEER 's Review: After receipt of written amount or extent, if any, of any adjustment in
<br /> notice as required by paragraph 4 . 03 . A, ENGINEER the Contract Price or Contract Times , or both ,
<br /> a
<br /> will promptly review the pertinent condition , determine Claim may be made therefor as provided in
<br /> the necessity of OWNER's obtaining additional paragraph 10 , 05 , However, OWNER ,
<br /> exploration or tests with respect thereto , and advise ENGINEER , and ENGINEER ' s Consultants
<br /> OWNER in writing (with a copy to CONTRACTOR ) of shall not be liable to CONTRACTOR for any
<br /> ENGINEER ' s findings and conclusions . claims , costs , losses , or damages ( including
<br /> but not limited to all fees and charges of
<br /> C . Possible Price and Times Adjustments engineers , architects , attorneys , and other
<br /> professionals and all court or arbitration or other
<br /> 1 . The Contract Price or the Contract dispute resolution costs) sustained by
<br /> Times , or both , will be equitably adjusted to the CONTRACTOR on or in connection with any
<br /> extent that the existence of such differing other project or anticipated project,
<br /> subsurface or physical condition causes an in -
<br /> crease or decrease in CONTRACTOR 's cost 4 , 04 Underground Facilities
<br /> of, or time required for, performance of the
<br /> Work ; subject, however, to the following : A. Shown or Indicated: The information and data
<br /> shown or indicated ted in the Contract Documents with
<br /> respect to existing Underground Facilities at or
<br /> contiguous to the Site is based on information and
<br /> 00700 - General Conditions REV 04-07. doc
<br /> 00700 - 12
<br /> F:APublic Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy US 1 _69th (LAP) ROW Mapping Project (Morgan)\Admim\bid
<br /> documents\00700 - General Conditions REV 04 -07 . doc
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