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<br />B. Upon reasonable written request, OWNER shall <br />furnish CONTRACTOR with a current statement of record <br />legal title and legal description of the lands upon which the <br />Work is to be performed and OWNER's interest therein as <br />necessary for giving notice of or filing a mechanic's or <br />construction lien again.~t such lands in accordance with <br />applicable Laws and Regulations. <br /> <br />C. CONTRACTOR sball provide for all additional lands <br />and access thereto thaI may be required for temporary <br />construction facilities or storage of materials and equipment. <br /> <br />4.02 Subsurface and Physical Conditions <br /> <br />A. Repons arul Drawings: <br />Conditions identify: <br /> <br />'I11e Supplementary <br /> <br />1. those reports of explorations and tests of <br />subsurface conditions at or contiguous to the Site that <br />ENGINEER has used in preparing the Conlract Docu- <br />ments; and <br /> <br />2. those drawings of physical conditions in or <br />relating to existing surface or subsurface structures at or <br />contiguous to the Site (except UndergrOtll1d Facilities) that <br />ENGINEER has used in preparing tlle Contract <br />Documents , <br /> <br />B. limited Reliance by CONTRACTOR on Technical <br />Dara AU!horized: CONTRACTOR may rely upon the <br />general accuracy of the "technical data" contained in such <br />reports and drawings, but such reports and drawings are not <br />Contract Documents. Such "technical data" is identified in <br />the Supplementary Conditions. Except for such reliance on <br />such ..technical data," CONTRAcroR may not rely upon or <br />make any Claim against OWNER, ENGINEER, or any of <br />ENGINEER's Consultants with respect to: <br /> <br />1. the rompleteness of such reports and drawings <br />for CONTRACTOR's purposes, including, but not <br />limited to, any aspects of the means, methods, <br />techniques, sequences, and procedures of construction to <br />be employed by CONTRACTOR, and safety precautions <br />and programs incident thereto; or <br /> <br />2. other data, interpretations, Opln1ons, and <br />information contained in such reports or shown or <br />indicated in such drawings; or <br /> <br />3. any CONTRACTOR interpretation of or <br />conclusion drawn from any -teChniCal data - or any such <br />other data, interpretations, opinions, or information. <br /> <br />4.03 Differing Subsurface or Physical Conditions <br /> <br />A, Norice: If CONTRACTOR believes that any subsur- <br />face or physical condition at or contiguous to the Site that is <br />uncovered or revealed either: <br /> <br />]. is of such a nature as to establish that any <br />"technical data" on which CONTRACTOR is entitled to <br />rely as provided in paragraph 4.02 is materially <br />inaccurate; or <br /> <br />2, is of such a nature as to require a change in the <br />Contract Documents; or <br /> <br />3. differs materially horn that shown or indicated in <br />the Contract Documents; or <br /> <br />4. is of an unusual nature. and differs materially <br />from conditions ordinarily encountered and generally <br />recognized as inherent in work of the character provided <br />for in the Conlract Documents; <br /> <br />then CONTRACTOR shall, promptly after becoming aware <br />thereof and before further disturbing the subsurface or <br />physical conditions or performing any Work in connection <br />therewith (except in an emergency as required by paragraph <br />6.16.A), notify OWNER and ENGINEER in writing about <br />such condition. CONTRACTOR shall not further disturb <br />such condition or perform any Work in connection therewith <br />(except as aforesaid) until receipt of written order to do so. <br /> <br />B. ENGINEER's Review: After receipt of written notice <br />as required by paragraph 4.03.A, ENGINEER will promptly <br />review the pertinent condition, determine the necessity of <br />OWNER's obtaining additional exploration or tests with <br />respect thereto, and advise OWNER in writing (with a copy <br />to CONTRACTOR) of ENGINEER's findings and <br />conclusions. <br /> <br />C. Possible Price and Times Adjustments <br /> <br />I , The Contract Price or the Contract Times, or <br />both, will be equitably adjusted to the extent that. the <br />existence of such differing subsurface or physical <br />condition causes an increase or decrease in <br />CONTRACTOR's rost of, or time required for, perfor- <br />mance of the Work; subject, however, to the following: <br /> <br />a. such condition must meet any one or more of <br />the categories described in paragraph 4.03.A; and <br /> <br />,.. b. with respect to Work that is paid for on a <br />Unit Price Basis, any adjUSlment in Contract Price <br />will be subject to the provisions of paragraphs 9.08 <br />and 11.03. <br /> <br />00700 - 12 <br />