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! or any such other data, interpretations, a. such condition must meet any one or opinions, or information. more of the categories described in para- graph 4.03.A; and 4.03 Differing Subsurface or Physical Conditions b. with respect to Work that is paid for A. Notice: If CONTRACTOR believes that any on a Unit Price Basis, any adjustment in subsurface or physical condition at or contiguous to Contract Price will be subject to the the Site that is uncovered or revealed either: provisions of paragraphs 9.08 and 11.03. i 1. is of such a nature as to establish 2. CONTRACTOR shall not be entitled that any "technical data" on which CONTRAC- to any adjustment in the Contract Price or TOR is entitled to rely as provided in paragraph Contract Times if: 4.02 is materially inaccurate;or a. CONTRACTOR knew of the 2. is of such a nature as to require a existence of such conditions at the time change in the Contract Documents; or CONTRACTOR made a final commitment to OWNER in respect of Contract Price and 3. differs materially from that shown or Contract Times by the submission of a Bid indicated in the Contract Documents; or or becoming bound under a negotiated contract; or 4. is of an unusual nature, and differs materially from conditions ordinarily b. the existence of such condition could encountered and generally recognized as inher- reasonably have been discovered or ent in work of the character provided for in the revealed as a result of any examination, Contract Documents; investigation, exploration, test, or study of the Site and contiguous areas required by � then CONTRACTOR shall, promptly after becoming the Bidding Requirements or Contract aware thereof and before further disturbing the Documents to be conducted by or for CON- subsurface or physical conditions or performing any TRACTOR prior to CONTRACTOR's Work in connection therewith (except in an emergency making such final commitment; or as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. c. CONTRACTOR failed to give the i CONTRACTOR shall not further disturb such written notice within the time and as re- condition or perform any Work in connection therewith quired by paragraph 4.03.A. (except as aforesaid)until receipt of written order to do so. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the B. ENGINEER's Review: After receipt of written amount or extent, if any, of any adjustment in notice as required by paragraph 4.03.A, ENGINEER the Contract Price or Contract Times, or both, a Will promptly review the pertinent condition, determine Claim may be made therefor as provided in the necessity of OWNER's obtaining additional paragraph 10.05. However, OWNER, exploration or tests with respect thereto, and advise ENGINEER, and ENGINEER's Consultants OWNER in writing (with a copy to CONTRACTOR) of shall not be liable to CONTRACTOR for any ENGINEER's findings and conclusions. claims, costs, losses, or damages (including but not limited to all fees and charges of C. Possible Price and Times Adjustments engineers, architects, attorneys, and other professionals and all court or arbitration or other 1. The Contract Price or the Contract dispute resolution costs) sustained by Times, or both, will be equitably adjusted to the CONTRACTOR on or in connection with any extent that the existence of such differing other project or anticipated project. subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost 4.04 Underground Facilities of, or time required for, performance of the Work; subject, however, to the following: A. Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and 00700-General Conditions REV 510-13 00700-12 R%Public WorkskENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or WeslWdmim\bld documents\Master Contract Documenls\00700- General Conditions REV 510-13.doc