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C_1 <br />40 <br />40 <br />4a-9. limited Reliance hr CONTRACTOR Anthordted. <br />Technical Thio: CONTRACTOR tray rely upon the penenl <br />aerttraey of the "tctlrnit l dsu" contained in tench reports and <br />drawings. but such reports and drawinp are not Contract <br />Documents. Such "technical data" is identified in the Supple. <br />rnemary Conditions. Exce;x for such reliance on such -'tech- <br />nical dans:' CONYRACTOR may not rely upon or make any <br />claim against OWNER. ENGINEER or any of ENGINEER'% <br />Consultants with respect to: <br />4.'_'.1. the completeness of such reports and drawings <br />for CON RACTOR's purposes. including. but not limited <br />to. any aspects of the snares. methods. techniques, se. <br />qucaces and procedures of construction to be emplo a by <br />CONTRACTOR CTOR assd :safety prtcaudcrul and prapams har- <br />dent thereto. or <br />4 _21 other data, interpretations. opinions and infor. <br />tnuion contained in such reports or shown or indicated in <br />such drawings. or <br />41-1- 3. sutyCONTRACMRutterpretationo(orconclu- <br />sion drawn from any -technical dau" or any seta, dasa. <br />interpreudons. opinions or irdarmxtion. <br />4.2.3. Notice of Differint Subsurjacc or Physical Candi- <br />tions: Ir CON RAt-MR believes that any subsurface or <br />physical candidon az or c ontigxrous to the site tint is uncoverr_d <br />or revr.alcd either: <br />4.2.3.1. is of such a nature as to establish that any <br />"technic24 data" on which CONTR.AC OR is entitled to <br />rely as provided in paragraphs 4.2.1 and 4is matcrWiv <br />inatcura.te. or <br />4 2 z is or such a nature as to require a change in the <br />Contract Documents. or <br />4.23-3. ditfcrs materially from that shown er indicated in <br />the Contract Docurnenu. or <br />4.2.3.4. is of an unusual nature, and dilfca materially <br />from conditions ordinarily cncountcmd and generally ret:og- <br />nixrd as inherent in worst of the ehxractcrprevided for in the <br />Contract Documents: then <br />CONTRACMR shall. promptly after becoming aware thereof <br />and before further disturbing conditions affected thereby or <br />Performing any Worst in conncccion therewith icxccpt in an <br />emergency as perrnirad by paragmh 623i. notify OWNER <br />and ENG IN EER in writing about such condition. CONTRAuC• <br />TOR dull not futthcr disurrb such conditions or petfom any <br />n a <br />Work iannecdon shctevith (except as aforwaidr until rr- <br />ccipt of written onler to do to. <br />4.2.4. CNG7NEEWs Review; ENGINEER will promptly <br />review the Wrtincrst cooditions. determine the nccrasity or <br />OWNER's obtaining additional cxptorwion or tests arith re- <br />spect thereto and advise O"ER in writing twith a copy to <br />CONTRACMR) or ENGINEER's findings surd oonduskxl_s, <br />41J. POMWe Contract Documents Ctwnge. If ENGI- <br />NEER concludes that it chatlFe in the Contr°xst Documents is <br />inquired aJ a result of a coodition that meets one or mote of the <br />cucttorics in px waph 4.1-3.. a Wort Change Directive or a <br />Change Order will be issued as provided in Article 10 to MA,act <br />and doCunlm the consequences of such change. <br />42.6. Possible Price and Times Adirrsrmentr., An equitable <br />adjustment is the Contract Price or in the Contract notes. or <br />both. will be allowed to the extent that the existence of such <br />uncovered or revealed condition causes an increase or de- <br />crc= in CONTf1,ACTOR's cost of. or time required for <br />performance of. the'4t'ork: subject. however, to the followirV <br />4.16.1. suchconditkm must meet any one or more of tine <br />categories desrn`bcd in paragraphs 4-2-3.t through 4.x,4. <br />inclusive: <br />4.2.6.2.. a changc'tn the Contract Documents pursuuu to <br />lxarap- Ah 4.2.S will not be an automatic autliotizuion of nor <br />a condition precedent to entitlement to any such adjustnlant: <br />4? 6.'. with respect to Wath that is paid for on a Unit <br />Price Basis. any adiusuncni in Contract Price will be subject <br />to the provisions of paraeaaphs 9.10 and 11.9: and <br />4?.6.4. COMRAMOR shall not be en6t1cd to any <br />adjustment in the Conran Price or Times if: <br />4-16.4.1. CONTPACTOR knew of the existence of <br />such conditions at the timc CONTRACTOR crude a final <br />coauniwnnt to 0WNER in respect of Ccnow:t Price and <br />Contract Times by the submission of a bid or becorning <br />bound under a negotiated contract. or <br />41.6.4' the existence of such condition could rra- <br />sonably have bean discovered or revealed as a result or <br />any examination, investigation. exploration. test or sntdy <br />Of the site and contiguous arras required by the Bidding <br />R.cquimalc a orConuact Documents to be conducted by <br />or for CONI ACTOR prior to CONIRAUOR's makanr <br />=ch firm corrunitrrrcnt: or <br />4.2.6.43. CONTRACTOR failed to gave the written <br />notice within the time and as rcquircd by paragraph 4.2-7. <br />If OWNER and CONTRA=R arc unshic to aper on <br />entitlement to or as to the arnount or length of any ween <br />equitable adjustment in the Contract Price or Contract Times. <br />a claim may be nude therefor as provided in Articles I I and I? <br />However. OWNER. ENGINEER and ENGINEER'sC crnult- <br />amts shall not be liable tc CON`I"RACIOR for any claims. <br />costs. losses ordamagcs sustained by CONTi RACMR on or in <br />connecuon with any other project or anticipated prvjcct. <br />4.3. F'h+rricat Condideni—Under muruf Fadlida. <br />4.3.1. Showy or In&Carrd: 7hc infomwkm and dasa shows+ <br />or indicated in the Corxract Documents with reser to cxist"V <br />Undapotmd FacUL%c:s at or rnnuFKxu to the site is based on <br />00700-19 <br />