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4.2 DIFFERING SITE CONDITIONS <br /> A. The CONTRACTOR shall notify the ENGINEER OF RECORD in writing of the <br /> following unforeseen conditions, hereinafter called differing site conditions, <br /> promptly upon their discovery (but in no event later than fourteen (14) days) and <br /> before they are disturbed: <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 /> 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 /> B. The ENGINEER OF RECORD will review the pertinent conditions, determine the <br /> necessity of obtaining additional explorations or tests with respect thereto and <br /> advise the OWNER in writing of the ENGINEER OF RECORD's findings and <br /> conclusions. <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 /> 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 /> 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 /> 4.3 PHYSICAL CONDITIONS - UNDERGROUND UTILITIES <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 OF RECORD by the owners of such Underground Utilities or by <br /> others. Unless it is expressly provided in the Supplementary General Conditions <br /> • and/or the Section entitled "Protection of Existing Facilities" of the General <br /> Requirements, the OWNER and the ENGINEER OF RECORD shall not be <br /> responsible for the accuracy or completeness of any such information or data, <br /> and the CONTRACTOR shall have full responsibility for reviewing and checking <br /> all such information and data, and perform soft digs as required for locating all <br /> Underground Utilities shown or indicated in the Contract Documents, for <br /> coordination of the Work with the owners of such Underground Utilities during <br /> 00700-7/39 <br /> • <br />