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paragraph 10.05. However, OWNER, B. ENGINEER's Review.- After receipt of written ENGINEER, and ENGINEER's Consultants notice as required by paragraph 4.03.A, ENGINEER shall not be liable to CONTRACTOR for any will promptly review the pertinent condition, determine claims, costs, losses, or damages (including the necessity of OWNER's obtaining additional but not limited to all fees and charges of exploration or tests with respect thereto, and advise engineers, architects, attorneys, and other OWNER in writing (with a copy to CONTRACTOR) of professionals and all court or arbitration or other ENGINEER's findings and conclusions. dispute resolution costs) sustained by CONTRACTOR on or in connection with any C. Possible Price and Times Adjustments other project or anticipated project. 1. The Contract Price or the Contract 4.04 Underground Facilities Times, or both, will be equitably adjusted to the extent that the existence of such differing A. Shown or Indicated.The information and data subsurface or physical: condition causes an in- shown or indicated in the Contract Documents with crease or decrease in CONTRACTOR's cost respect to existing Underground Facilities at or of, or time required for, performance of the contiguous to the Site is based on information and Work; subject, however, to the following: data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including a. such condition must meet any one or OWNER, or by others. Unless it is otherwise more of the categories described in para- expressly provided in the Supplementary Conditions: graph 4.03,A; and 1. OWNER and ENGINEER shall not b. with respect to Work that is paid for be responsible for the accuracy or com- on a Unit Price Basis, any adjustment in pleteness of any such information or data; and Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- 2. CONTRACTOR shall not be entitled TOR shall have full responsibility for: to any adjustment in the Contract Price or Contract Times if: a. reviewing and checking all such information and data, a. CONTRACTOR knew of the existence of such conditions at the time b. locating all Underground Facilities CONTRACTOR made a final commitment shown or indicated in the Contract to OWNER in respect of Contract Price and Documents, Contract Times by the submission of a Bid or becoming bound under a negotiated c, coordination of the Work with the contract; or owners of such Underground Facilities, including OWNER, during construction, and b. the existence of such condition could reasonably have been discovered or d, the safety and protection of all such revealed as a result of any examination, Underground Facilities and repairing any investigation, exploration, test, or study of damage thereto resulting from the Work. the Site and contiguous areas required by the Bidding Requirements or Contract B. Not Shown or Indicated Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's 1. If an Underground Facility is making such final commitment; or uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not c. CONTRACTOR failed to give the shown or indicated with reasonable accuracy in written notice within the time and as re- the Contract Documents, CONTRACTOR shall, quired by paragraph 4.03.A. promptly after becoming aware thereof and before further disturbing conditions affected 3. If OWNER and CONTRACTOR are thereby or performing any Work in connection unable to agree on entitlement to or on the therewith (except in an emergency as required amount or extent, if any, of any adjustment in by paragraph 6.16.A), identify the owner of the Contract Price or Contract Times, or both, a such Underground Facility and give written Claim may be made therefor as provided in notice to that owner and to OWNER and ENGI- 00700-General Conditions REV 04-07.doc 00700-12 F:\Public Works\ENGINEERING DIVISIGN PROJEGTS11210-Sandridge Driving Range Tee Re novation\Admimlbid documents100700-General Conditions REV 04--07.doc SmeadSoft Reprint Date:Monday,January 11,2016-09:22:05-OfficialDocuments:9069,Attachment Id 1,Page 79