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Work in connection therewith (except in an emergency c. CONTRACTOR failed to give the as required by paragraph 6.16.A), notify OWNER and written notice within the time and as re- ENGINEER in writing about such condition. quired by paragraph 4.03.A. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith 3. If OWNER and CONTRACTOR are (except as aforesaid) until receipt of written order to do unable to agree on entitlement to or on the so. amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a B. ENGINEER's Review: After receipt of written Claim may be made therefor as provided in notice as required by paragraph 4.03.A, ENGINEER paragraph 10.05. However, OWNER, will promptly review the pertinent condition, determine ENGINEER, and ENGINEER's Consultants the necessity of OWNER's obtaining additional shall not be liable to CONTRACTOR for any exploration or tests with respect thereto, and advise claims, costs, losses, or damages (including OWNER in writing (with a copy to CONTRACTOR) of but not limited to all fees and charges of ENGINEER's findings and conclusions. engineers, architects, attorneys, and other professionals and all court or arbitration or other C. Possible Price and Times Adjustments dispute resolution costs) sustained by CONTRACTOR on or in connection with any .. 1. The Contract Price or the Contract other project or anticipated project. Times, or both, will be equitably adjusted to the extent that the existence of such differing 4.04 Underground Facilities subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost A. Shown or Indicated. The information and data of, or time required for, performance of the shown or indicated in the Contract Documents with Work; subject, however, to the following: respect to existing Underground Facilities at or contiguous to the Site is based on information and a. such condition must meet any one or data furnished to OWNER or ENGINEER by the more of the categories described in para- owners of such Underground Facilities, including graph 4.03.A; and OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in 1. OWNER and ENGINEER shall not Contract Price will be subject to the be responsible for the accuracy or com- provisions of paragraphs 9.08 and 11.03. pleteness of any such information or data; and 2. CONTRACTOR shall not be entitled 2. the cost of all of the following will be to any adjustment in the Contract Price or included in the Contract Price, and CONTRAC- Contract Times if: TOR shall have full responsibility for: a. CONTRACTOR knew of the a, reviewing and checking all such existence of such conditions at the time information and data, CONTRACTOR made a final commitment to OWNER in respect of Contract Price and b. locating all Underground Facilities Contract Times by the submission of a Bid shown or indicated in the Contract or becoming bound under a negotiated Documents, contract; or c. coordination of the Work with the b. the existence of such condition could owners of such Underground Facilities, reasonably have been discovered or including OWNER, during construction, and revealed as a result of any examination, investigation, exploration, test, or study of d. the safety and protection of all such the Site and contiguous areas required by Underground Facilities and repairing any the Bidding Requirements or Contract damage thereto resulting from the Work. Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's B. Not Shown or Indicated making such final commitment; or 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions (EJCDC) Page 12 of 44 FAPublic Works\Capital Projects\Oslo Road Lateral J\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc