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4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times A. Notice: If Contractor believes that any if: subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either a. Contractor knew of the existence of such conditions at the time Contractor made a 1. is of such a nature as to establish that any final commitment to Owner with respect to 'technical data° on which Contractor is entitled to Contract Price and Contract Times by the rely as provided in Paragraph 4.02 is materially submission of a Bid or becoming bound inaccurate; or under a negotiated contract; or 2. is of such a nature as to require a change b. the existence of such condition could in the Contract Documents; or reasonably have been discovered or revealed as a result of any examination, 3. differs materially from that shown or investigation, exploration, test, or study of indicated in the Contract Documents; or the Site and contiguous areas required by the Bidding Requirements or Contract Docu- 4. is of an unusual nature, and differs ments to be conducted by or for Contractor materially from conditions ordinarily encountered prior to Contractor's making such final com- and generally recognized as inherent in work of the mitment; or character provided for in the Contract Documents; c. Contractor failed to give the written notice then Contractor shall, promptly after becoming as required by Paragraph 4.03.A. aware thereof and before further disturbing the subsurface or physical conditions or performing any 3. If Owner and Contractor are unable to Work in connection therewith (except in an agree on entitlement to or on the amount or extent, if emergency as required by Paragraph 6.16.A), notify any, of any adjustment in the Contract Price or Owner and Engineer in writing about such condition. Contract Times, or both, a Claim may be made Contractor shall not further disturb such condition or therefor as provided in Paragraph 10.05. However, perform any Work in connection therewith (except as Owner and Engineer, and any of their Related aforesaid) until receipt of written order to do so. Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not B. Engineer's Review After receipt of written limited to all fees and charges of engineers, notice as required by Paragraph 4.03.A, Engineer architects, attorneys, and other professionals and all will promptly review the pertinent condition, deter- court or arbitration or other dispute resolution costs) mine the necessity of Owner's obtaining additional sustained by Contractor on or in connection with any exploration or tests with respect thereto, and advise other project or anticipated project. Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. 4.04 Underground Facilities C. Possible Price and Times Adjustments A. Shown or Indicated: The information and data shown or indicated in the Contract Documents 1. The Contract Price or the Contract Times, with respect to existing Underground Facilities at or or both, will be equitably adjusted to the extent that contiguous to the Site is based on information and the existence of such differing subsurface or data furnished to Owner or Engineer by the owners physical condition causes an increase or decrease of such Underground Facilities, including Owner, or in Contractor's cost of, or time required for, perfor- by others. Unless it is otherwise expressly provided mance of the Work; subject, however, to the follow- in the Supplementary Conditions: ing: 1. Owner and Engineer shall not be a. such condition must meet any one or responsible for the accuracy or completeness of any more of the categories described in such information or data; and Paragraph 4.03.A; and 2. the cost of all of the following will be b. with respect to Work that is paid for on a included in the Contract Price, and Contractor shall Unit Price Basis, any adjustment in Contract have full responsibility for: Price will be subject to the provisions of Paragraphs 9.07 and 11.03. a. reviewing and checking all such informa- tion and data, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights resen'ed. 00700- 12 03/12 11-4179