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of, or time required for , performance of the ' 3 , any CONTRACTOR interpretation of Work; subject, however, to the following : or conclusion drawn from any "technical data a . such condition must meet any one or or any such other data , interpretations , more of the categories described in para- opinions , or information . graph 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 ' A. Notice: If CONTRACTOR believes that any Contract Price will be subject to the subsurface or physical condition at or contiguous to provisions of paragraphs 9 .08 and 11 .03 . the Site that is uncovered or revealed either: 1 . is of such a nature as to establish 2 . CONTRACTOR shall not be entitled ' to any adjustment in the Contract Price or that any "technical data" on which CONTRAC- Contract Times if: TOR is entitled to rely as provided in paragraph 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 CONTRACTOR made a final commitment change in the Contract Documents ; or to OWNER in respect of Contract Price and ' 3 . differs materially from that shown or Contract Times by the submission of a Bid or becoming bound under a negotiated indicated in the Contract Documents; or contract; or r4 . is of an unusual nature , and differs b , the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination , ' ent in work of the character provided for in the investigation , exploration , test, or study of Contract Documents ; the Site and contiguous areas required by after becoming the Bidding Requirements or Contract then CONTRACTOR shall , promptly Documents to beconducted oby or f CTOR 's r COW aware thereof and before further disturbing the TRACTOR prior subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency ' as required by paragraph 6 . 16 .A) , notify OWNER and c, CONTRACTOR failed to give the ENGINEER in writing about such condition . written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4 .03 .A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3 , If OWNER and CONTRACTOR are so . unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in ' B . EN required 's Review: After receipt of written the Contract Price or Contract Times , or both , a notice as required by paragraph 4 .03 .A, ENGINEER tl review the pertinent condition , determine Claim may be made therefor as provided in will promptly paragraph 10 .05 . However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants ' exploration or tests with respect thereto , and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims , costs , losses , or damages (including ENGINEER's findings and conclusions . but not limited to all fees and charges of ' and other engineers , architects , attorneys , C . Possible Price and Times Adjustments professionals and all court or arbitration or other 1 , The Contract Price or the Contract dispute resolution costs) sustained by CONTRACTOR on or in connection with any ' Times , or both , will be equitably adjusted to the other projector anticipated project, extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost 00700- 13 0386- 00700 - General Conditions ' F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc