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<br />I <br /> <br />3. Contractor shall not be liable to Owner or <br />Engineer for failure to report any conflict, error, ambigu- <br />ity, or discrepancy in the Contract Documents unless <br />Contractor knew or reasonably should have known <br />thereof. <br /> <br />I <br /> <br />I <br /> <br />B. Resolving Discrepancies <br /> <br />I <br /> <br />I. Except as may be otherwise specifically stated <br />in the Contract Documents, the provisions of the Contract <br />Documents shall take precedence in resolving any <br />conflict, error, ambiguity, or discrepancy between the <br />provisions of the Contract Documents and: <br /> <br />I <br /> <br />a. the provisions of any standard, specification, <br />manual, code, or instruction (whether or not <br />specifically incorporated by reference in the <br />Contract Documents); or <br /> <br />I <br /> <br />I <br /> <br />b. the provisions of any Laws or Regulations <br />applicable to the performance of the Work <br />(unless such an interpretation of the provisions <br />of the Contract Documents would result in viola- <br />tion of such Law or Regulation). <br /> <br />I <br /> <br />I <br /> <br />3.04 Amending and Supplementing Contract <br />Documents <br /> <br />I <br /> <br />A. The Contract Documents may be amended to <br />provide for additions, deletions, and revisions in the Work <br />or to modify the terms and conditions thereof by either a <br />Change Order or a Work Change Directive. <br /> <br />I <br /> <br />B. The requirements of the Contract Documents <br />may be supplemented, and minor variations and <br />deviations in the Work may be authorized, by one or more <br />ofthe following ways: <br /> <br />I <br /> <br />I. A Field Order; <br /> <br />I <br /> <br />2, Engineer's approval of a Shop Drawing or <br />Sample; (Subject to the provisions of Paragraph <br />6.17.D.3); or <br /> <br />I <br /> <br />3. Engineer's written interpretation or <br />clarification. <br /> <br />I <br /> <br />3.05 Reuse of Documents <br /> <br />I <br /> <br />A. Contractor and any Subcontractor or Supplier <br />or other individual or entity performing or furnishing all <br />of the Work under a direct or indirect contract with <br />Contractor, shall not: <br /> <br />I <br /> <br />I <br /> <br />I. have or acquire any title to or ownership <br />rights in any of the Drawings, Specifications, or <br />other documents (or copies of any thereof) prepared by or <br />bearing the seal of Engineer or Engineer's consultants, <br />including electronic media editions; or <br /> <br />2. reuse any of such Drawings, Specifications, <br />other documents, or copies thereof on extensions <br />of the Project or any other project without written consent <br />of Owner and Engineer and specific written verification <br />or adaption by Engineer. <br /> <br />B. The prohibition of this Paragraph 3.05 will <br />survive final payment, or termination of the Contract. <br />Nothing herein shall preclude Contractor from retaining <br />copies of the Contract Documents for record purposes. <br /> <br />3.06 Electronic Data <br /> <br />A. Copies of data furnished by Owner or <br />Engineer to Contractor or Contractor to Owner or <br />Engineer that may be relied upon are limited to the <br />printed copies (also known as hard copies). Files in <br />electronic media format of text, data, graphics, or other <br />types are furnished only for the convenience of the <br />receiving party. Any conclusion or information obtained <br />or derived from such electronic files will be at the user's <br />sole risk. If there is a discrepancy between the electronic <br />files and the hard copies, the hard copies govern. <br /> <br />B. Because data stored in electronic media <br />format can deteriorate or be modified inadvertently or <br />otherwise without authorization of the data's creator, the <br />party receiving electronic files agrees that it will perform <br />acceptance tests or procedures within 60 days, after which <br />the receiving party shall be deemed to have accepted the <br />data thus transferred. Any errors detected within the 60- <br />day acceptance period will be corrected by the <br />transferring party.. <br /> <br />C. When transferring documents in electronic <br />media format, the transferring party makes no <br />representations as to long term compatibility, usability, or <br />readability of documents resulting from the use of <br />software application packages, operating systems, or <br />computer hardware differing from those used by the <br />data's creator. <br /> <br />ARTICLE 4 A V AILABILITY <br />SUBSURFACE AND PHYSICAL <br />HAZARDOUS ENVIRONMENTAL <br />REFERENCE POINTS <br /> <br />OF LANDS; <br />CONDITIONS; <br />CONDITIONS; <br /> <br />4.01 <br /> <br />Availability of Lands <br /> <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright iD 2002 National Society of Professional Engineers for EJCnc. All rights reserved. <br />00700 - 11 <br /> <br />I <br /> <br />04/08 <br /> <br />06-5723 <br />