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<br /> 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 /> 41 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
<br /> 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
<br /> 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-
<br /> graph 4 . 03 .A; and expressly provided in the Supplementary Conditions :
<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 . 2 , 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 /> Ile I 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 /> including OWNER , during construction , and
<br /> b , the existence of such condition could
<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 CON -
<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 - General Conditions REV 04-07 . doc
<br /> 00700 — 12
<br /> 04-07 .doc is Warks\ENGINEERING DIVISION PROJECTS\0923A Trans Florida Greenway (At Sebastian River Middle School )\Admim\Conm
<br /> tract Docuents\00700 - General Conditions REV
<br /> 04-07 .
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