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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 I . 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 (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 arbitration RF Rthe 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