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4W <br />40 <br />4.:..:. T.iatitrd Reliance by COMMAC7OR Aurhodted: <br />Technical Data.: CONTRACTOR tatty rely upon the hero ral <br />accuracy of the -technical data" contained in such reports and <br />drawinps. but such reports and drawings are net Contract <br />Documents. Such "tcchnicW data" is identified in the Supple- <br />mentary Conditions. Exce% fat such reliance on such "ted]- <br />oical doaa;' CONTpj�=R racy not rely upon or make any <br />claim against OWNER.. ENGINEER or any of ENGiNEER's <br />(consultants with respccs to: <br />4.2.2.1. the completeness of such reports and drawings <br />for CONTRACTOR's purposes. including. but not limited <br />to. any aspects of the ratans. methods. techniques. se- <br />quences and procedures of construction to be employed by <br />CONTRAC'MR and safely precautions and prograrru inci- <br />dent thereto. or <br />4.2�2. other daze. interpretations. Opinions and infor- <br />mation contained in such reports or shown or indkX" in <br />such drawinps. or <br />4-2--A, any CONTRAL-MR interpretation of cr conelu. <br />cion drawn from any "[wboical day" Or any such duo. <br />interpretations. opinions or information. <br />4.2.3. Nance of Djering subsurface, or Phvricd Condi- <br />tions. If CONTRACTOR believes that tiny subsurface or <br />Physical condition at orconriguous to the site chat is uncovered <br />or revealed either: <br />4.2.3.1. is of such a nature as to establish that any <br />"technical darn" on which CONTRACTOR is entitled to <br />My as provided is paragraphs 4.2.1 and 43.2 is materiaily <br />inaeet.rwc. or <br />4.23? is of such a nature as to require a charge in the <br />Contact Documents. or <br />4.2.3.3. differs ntate Way froni that %howl] or indicated in <br />the Contrary Documents. or <br />4.23.4. is of ars unusuat =um and differs materially <br />from conditions Ordinarily encountered and generally rtsog- <br />ni2ttA as inheremt in work of the character provided (Or in the <br />Contract Documents'. then <br />Co NTRAC OR sW, promptly after becoming aware thereof <br />and before further disturbing conditions affected tliereby or <br />performjng any Work in connection therewith rexocpt in an <br />emergency as p rmitted by parepraph 6.231. notify OWNER <br />and ENGIN E'ER in writing about such condidou. CONTRAC- <br />TOR shaft/ not further disturb such conditions or pericrm any <br />Work in connection therewith tcxt:ept as aforesaid[ until re- <br />ceipt of wTiat n corder to do %o. <br />4.2.4. ENGINEER's Revien% ENGINEER will promptly <br />review the pt:ninmt conditions. dete mine the ruccss'sty of <br />OWNER's obuining sftLional exploration or tests will, re- <br />spect ihcieto and advise OWN .R i+, w]iting 4with a cupy to <br />4.25. Possible Contract Aoeumrnrr Change: If ENG;. <br />NEER concludes that a chango in the Contract Documents is <br />acquired as a result of a condition that meets one or more of the <br />catcWes in oaragsaph 4.2.3.. s War]. Change Directive or a <br />Change Orderwitl be issued as pmvided in Article 10to rcncct <br />and document the consequents or such chance. <br />4.2-6. Porrib(c Price and Times Adinrtments: An equitable <br />adiustn]ent in the Contract price or in the Contract Times, or <br />both, will be allowed to the extent that the existence of such <br />uncovered or revealed condition causes nn increase or de- <br />crease in CONTRAClt7R'a cast or. or time required for <br />perfottnance of. the Work: subject. however. to the folf)vAW.' <br />4.2.6.1. such condition must meet any one or mom of the <br />categories described in paragraphs 4.2.3.1 through 43.3.4. <br />inclusive: <br />4.2.6a a change in the Contract Documents pursuant to . <br />parspaph 4.2.5 will not be an autommauc authorira6en of nor <br />a condition precedent to entitlement to any such adjustment. <br />4.2.6-1. with respect to Work that is paid for on a Unit <br />price Basis. any adjustment in Contract price will be subject <br />to the provisions a puwaphs 4.10 and 11.9: and <br />43.6.4. CONTRACTOR shall not be entitled to any <br />adjustment in the Contract Price orTimesif: <br />4.? AA. CONTRACTOR knew of the existence or <br />such conditions at the time CONTRACMR made a final <br />commitment to OWNER in respect of Contract Price and <br />Contract Times by the submission of a bid or bccorning <br />bound under a negotiated contract: or <br />43.6.4., the existence of such condition could tea- <br />wnably have leen discovered or revealed as a result Of <br />env examination. jnvcstigatien. exploration. test or study <br />of the site and contigu:.vas areas required by the ]Bidding <br />Requiicmcnts or Contract Tlocumcnts to be conducted by <br />or for CONTRA.CPOR prior to CONTRACTOR°s making <br />such furl commitment'. or <br />4.2.6:43. CONTRAClL3R failed to give the written <br />IWti" _;Glial lily:imc aX,, a3Ly _ITh 4-7.7. <br />if OWNER and CONTRACTOR arc unable to ataea on <br />entitlement to or as to the amount ar length Of any sue" <br />equitable adjusuncnt in the Contract Hee or Cot+,....:t Tim:s. <br />a claim may be made therefor as laravided in Articles 11 and 12: <br />However. OWNER. CNG l N EE R and ENC 1N EER's Consul t- <br />alus shall not be liable to CONTRACTOR for any clatters. <br />case. tosses or darMcs sustained by CONTRACTOR on or in <br />connection with any other projc%t ar:rucspated projecs. <br />43. PhrriraiCQird+ivns ffndrrfround FarlLidcs: <br />4.3.1. Shox'n or Indicated: 7174 infortttuinn and data slw' m <br />r,&;atod in .le, respeet to exisft <br />_._ .._. .... .. r_ .,t . •Ir_.'r.: is hast (tit <br />