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<br />00700 - 7/38 <br />provide for all additional lands and access thereto that may be required for <br />temporary construction facilities or storage of materials and equipment; provided, <br />that the CONTRACTOR shall not enter upon nor use any property not under the <br />control of the OWNER until a written temporary construction easement <br />agreement has been executed by the CONTRACTOR and the property owner, <br />and a copy of said easement furnished to the ENGINEER prior to said use; and, <br />neither the OWNER nor the ENGINEER shall be liable for any claims or <br />damages resulting from the CONTRACTOR's unauthorized trespass or use of <br />any such properties. <br /> <br />4.2 DIFFERING SITE CONDITIONS <br /> <br />A. The CONTRACTOR shall notify the ENGINEER in writing of the following <br />unforeseen conditions, hereinafter called differing site conditions, promptly upon <br />their discovery (but in no event later than fourteen (14) days) and before they are <br />disturbed: <br /> <br />1. Subsurface or latent physical conditions at the site of the Work differing <br />materially from those indicated, described, or delineated in the Contract <br />Documents including; and <br /> <br />2. Unknown physical conditions at the site of the Work of an unusual nature <br />differing materially from those ordinarily encountered and generally <br />recognized as inherent in Work of the character provided for in the <br />Contract. <br /> <br />B. The ENGINEER will review the pertinent conditions, determine the necessity of <br />obtaining additional explorations or tests with respect thereto and advise the <br />OWNER in writing of the ENGINEER's findings and conclusions. <br /> <br />C. If the OWNER concludes that because of newly discovered conditions a change <br />in the Contract Documents is required, a Change Order will be issued as <br />provided in Article 10 to reflect and document the consequences of the <br />difference. <br /> <br />D. In each such case, an increase or decrease in the Contract Price or an extension <br />or shortening of the Contract Time, or any combination thereof, will be allowable <br />to the extent that they are attributable to any such difference. If the OWNER and <br />the CONTRACTOR are unable to agree as to the amount or length thereof, a <br />claim may be made therefor as provided in Articles 11 and 12. <br /> <br />E. The CONTRACTOR's failure to give notice of differing site conditions within <br />fourteen (14) days of their discovery or before they are disturbed shall constitute <br />a waiver of all claims in connection therewith, whether direct or consequential in <br />nature. <br /> <br />4.3 PHYSICAL CONDITIONS - UNDERGROUND UTILITIES <br /> <br />A. Shown or Indicated: The information and data shown or indicated in the Contract <br />Documents with respect to existing Underground Utilities at or contiguous to the <br />site are based on information and data furnished to the OWNER or the <br />ENGINEER by the owners of such Underground Utilities or by others. Unless it