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t a. such condition must meet any one or New Paragraphs 4 .02 .0 and 4 .02 .1) have been added . more of the categories described in paragraph See the Supplementary Conditions. 4 . 03 . A ; and ' 4 . 03 Differing Subsurface or Physical Conditions b . with respect to Work that is paid for on a Unit Price Basis , any adjustment in Contract A . Notice: If CONTRACTOR believes that any Price will be subject to the provisions of para- subsurface or physical condition at or contiguous to the Site graphs 9 . 08 and 11 . 03 . that is uncovered or revealed either: 2 . CONTRACTOR shall not be entitled to ' 1 . is of such a nature as to establish that any any adjustment in the Contract Price or Contract "technical data" on which CONTRACTOR is Times if: entitled to rely as provided in paragraph 4 . 02 is ' materially inaccurate ; or a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR 2 . is of such a nature as to require a change made a final commitment to OWNER in respect in the Contract Documents ; or of Contract Price and Contract Times by . the submission of a Bid or becoming bound under a 3 . differs materially from that shown or negotiated contract; or indicated in the Contract Documents ; or b . the existence of such condition could 4 . is of an unusual nature , and differs reasonably have been discovered or revealed as a materially from conditions ordinarily encountered result of any examination, investigation, explo- and generally recognized as inherent in work of the ration, test, or study of the Site and contiguous ' character provided for in the Contract Documents ; areas required by the Bidding Requirements or Contract Documents to be conducted by or for then CONTRACTOR shall, promptly after becoming aware CONTRACTOR prior to CONTRACTOR's ' thereof and before further disturbing the subsurface or making such final commitment; or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph c . CONTRACTOR failed to give the 6 . 16 .A), notify OWNER and ENGINEER in writing about written notice within the time and as required by ' such condition. CONTRACTOR shall not further disturb paragraph 4 . 03 .A . such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order Part of the second sentence of Paragraph 4 .03 .C .3 has ' to do so . been deleted . 3 . If OWNER and CONTRACTOR are B . ENGINEER 's Review: After receipt of written unable to agree on entitlement to or on the amount ' notice as required by paragraph 4 . 03 . A, ENGINEER will or extent, if any, of any adjustment in the Contract promptly review the pertinent condition, determine the Price or Contract Times, or both, a Claim may be necessity of OWNER's obtaining additional exploration or made therefor as provided in paragraph 10 . 05 . tests with respect thereto, and advise OWNER in writing However, OWNER, ENGINEER, and t (with a copy to CONTRACTOR) of ENGINEER' s findings ENGINEER ' s Consultants shall not be liable to and conclusions . CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and ' C. Possible Price and Times Adjustments charges of engineers , architects , attorneys, and other professionals and all court or ^Fahr.,.^. of 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 other ' extent that the existence of such differing subsurface project or anticipated project. or physical condition causes an increase or decrease in CONTRACTOR ' s cost of, or time required for, 4 . 04 Underground Facilities ' 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 00700 - 13