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I 3.06 Electronic Data record legal title and legal description of the lands I upon which the Work is to be performed and A. Copies of data furnished by Owner or Owner's interest therein as necessary for giving Engineer to Contractor or Contractor to Owner or notice of or filing a mechanic's or construction lien Engineer that may be relied upon are limited to the against such lands in accordance with applicable I printed copies (also known as hard copies). Files in Laws and Regulations. electronic media format of text, data, graphics, or other types are furnished only for the convenience of C. Contractor shall provide for all additional the receiving party. Any conclusion or information lands and access thereto that may be required for I obtained or derived from such electronic files will be temporary construction facilities or storage of at the user's sole risk. If there is a discrepancy materials and equipment. between the electronic files and the hard copies, the Ihard copies govern. 4.02 Subsurface and Physical Conditions B. Because data stored in electronic media A. Reports and Drawings: The format can deteriorate or be modified inadvertently Supplementary Conditions identify: I or otherwise without authorization of the data's creator, the party receiving electronic files agrees 1. those reports of explorations and tests of that it will perform acceptance tests or procedures subsurface conditions at or contiguous to the Site I within 60 days, after which the receiving party shall be deemed to have accepted the data thus that Engineer has used in preparing the Contract Documents; and transferred. Any errors detected within the 60-day acceptance period will be corrected by the 2. those drawings of physical conditions in I transferring party.. or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except C. When transferring documents in Underground Facilities) that Engineer has used in I electronic media format, the transferring party makes preparing the Contract Documents. no representations as to long term compatibility, usability, or readability of documents resulting from B. Limited Reliance by Contractor on I the use of software application packages, operating Technical Data Authorized: Contractor may rely systems, or computer hardware differing from those upon the general accuracy of the "technical data° used by the data's creator. contained in such reports and drawings, but such reports and drawings are not Contract Documents. I Such "technical data° is identified in the ARTICLE 4 AVAILABILITY OF LANDS; Supplementary Conditions. Except for such reliance SUBSURFACE AND PHYSICAL CONDITIONS; on such "technical data," Contractor may not rely HAZARDOUS ENVIRONMENTAL CONDITIONS; upon or make any claim against Owner or Engineer, IREFERENCE POINTS or any of their Related Entities with respect to: 1. the completeness of such reports and 4.01 Availability of Lands drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, A. Owner shall furnish the Site. Owner shall techniques, sequences, and procedures of notify Contractor of any encumbrances or construction to be employed by Contractor, and I restrictions not of general application but specifically safety precautions and programs incident thereto; or related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in 2. other data, interpretations, opinions, and 1 a timely manner and pay for easements for permanent structures or permanent changes in information contained in such reports or shown or indicated in such drawings; or existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount 3. any Contractor interpretation of or or extent, if any, of any adjustment in the Contract conclusion drawn from any "technical data" or any Price or Contract Times, or both, as a result of any such other data, interpretations, opinions, or infor- delay in Owner's furnishing the Site or a part thereof, mation. I Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner Ishall furnish Contractor with a current statement of EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-11 04/08 Final Version 05-4893