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obtain in a timely manner and pay for easements for 2 , other data , interpretations , opinions , <br /> permanent structures or permanent changes in and information contained in such reports or <br /> existing facilities . If CONTRACTOR and OWNER are shown or indicated in such drawings ; or <br /> unable to agree on entitlement to or on the amount or <br /> extent, if any, of any adjustment in the Contract Price 3 . any CONTRACTOR interpretation of <br /> or Contract Times , or both , as a result of any delay in or conclusion drawn from any "technical data <br />" <br /> OWNER ' s furnishing the Site , CONTRACTOR may or any such other data , interpretations , <br /> make a Claim therefor as provided in paragraph opinions , or information . <br /> 10 . 05 . <br /> 4 . 03 Differing Subsurface or Physical Conditions <br /> B . Upon reasonable written request, OWNER <br /> shall furnish CONTRACTOR with a current statement A. Notice: If CONTRACTOR believes that any <br /> of record legal title and legal description of the lands subsurface or physical condition at or contiguous <br /> to <br /> upon which the Work is to be performed and the Site that is uncovered or revealed either: <br /> OWNER ' s interest therein as necessary for giving <br /> notice of or filing a mechanic' s or construction lien 1 . is of such a nature as <br /> to establish <br /> against such lands in accordance with applicable that any "technical data " on which CONTRAC. <br /> Laws and Regulations . TOR is entitled to rely as provided in paragraph <br /> C . CONTRACTOR shall provide for all 4 . 02 is materially inaccurate ; or <br /> additional lands and access thereto that may be 2 , is of such a nature as to require a <br /> required for temporary construction facilities or change in the Contract Documents ; or <br /> storage of materials and equipment. <br /> 3 , differs materially from that shown or <br /> 4 . 02 Subsurface and Physical Conditions indicated in the Contract Documents ; or <br /> A. Reports and Drawings: The Supplementary 4 . is of an unusual nature, and differs <br /> Conditions identify: materially from conditions ordinarily <br /> encountered and generally recognized as <br /> 1 , those reports of explorations and inherent in work of the character provided for in <br /> tests of subsurface conditions at or contiguous the Contract Documents ; <br /> to the Site that ENGINEER has used in <br /> preparing the Contract Documents; and then CONTRACTOR shall , promptly after becoming <br /> aware thereof and before further disturbing the <br /> 2 , those drawings of physical subsurface or physical conditions or performing any <br /> conditions in or relating to existing surface or Work in connection therewith (except in an <br /> subsurface structures at or contiguous to the emergency as required by paragraph 6 . 16 . A) , notify <br /> Site (except Underground Facilities) that ENGI - OWNER and ENGINEER in writing about such <br /> NEER has used in preparing the Contract condition . CONTRACTOR shall not further disturb <br /> Documents , such condition or perform any Work in connection <br /> therewith (except as aforesaid ) until receipt of written <br /> B . Limited Reliance by CONTRACTOR on order to do so . <br /> Technical Data Authorized: CONTRACTOR may <br /> rely upon the general accuracy of the "technical data" B . ENGINEER 's Review: After receipt of written <br /> contained in such reports and drawings , but such notice as required by paragraph 4 . 03 . A, ENGINEER <br /> reports and drawings are not Contract Documents . will promptly review the pertinent condition , determine <br /> Such "technical data " is identified in the Supplementa- the necessity of OWNER 's obtaining additional <br /> ry Conditions . Except for such reliance on such exploration or tests with respect thereto , and advise <br /> " technical data , " CONTRACTOR may not rely upon or OWNER in writing (with a copy to CONTRACTOR ) of <br /> make any Claim against OWNER , ENGINEER , or ENGINEER ' s findings and conclusions . <br /> any of ENGINEER ' s Consultants with respect to : <br /> 1 , the completeness of such reports C . Possible Price and Times Adjustments <br /> and drawings for CONTRACTOR ' s purposes , 1 . The Contract Price or the Contract <br /> including , but not limited to , any aspects of the Times , or both , will be equitably adjusted to the <br /> means , methods , techniques , sequences , and extent that the existence of such differing <br /> procedures of construction to be employed by subsurface or physical condition causes an in - <br /> CONTRACTOR , and safety precautions and crease or decrease in CONTRACTOR ' s cost <br /> programs incident thereto , or of, or time required for, performance of the <br /> Work , subject, however, to the following : <br /> 00700 - General Conditions REV 04-07. doc <br /> 00700 - 11 <br /> F : \Public Works\ENGINEERING DIVISION PROJECTS\ 1142-Mise Culvert Replacements\Hdmim\bid documents\00700 - General Conditions REV 04-07 . doc <br />