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<br />L: <br /> <br />rJ <br /> <br />r. . <br /> <br />~. ~ <br /> <br />\ <br />\ <br />t . <br /> <br />f_' "' <br /> <br />L,} <br /> <br />. . <br />. " <br /> <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 I s or <br />construction lien against such lands in accordance with <br />applicable Laws and Regulations. <br /> <br />C. CONTRACI'OR shall provide for all additional lands <br />and access thereto that may be required for temporary <br />cons~on facilities or storage of materials and equipment. <br /> <br />4.02 Subsurfac~ and Physical Conditions <br /> <br />A. Reports and Drawings: The Supplementary <br />Conditions identify: <br /> <br />1." those reports of explorations and teSts of ' I <br />subsurface conditions at or contiguous to the Site that <br />ENGINEER has used in preparing the Contract Docu- <br />ments;and <br /> <br />- <br /> <br />4.03 <br /> <br />Differing Subsurfac~ or Physical Conditions <br /> <br />- <br /> <br /> <br />A. Notice: 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 />I. 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 from 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 Contract Documents; <br /> <br />2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware <br />relating to existing surface or subsurface structures at or thereof and before further disturbing the subsurface or <br />contiguous to the Site (except Underground Facilities) that physical conditions or performing any Work in connection - <br />ENGINEER has used in preparing the Contract therewith (except in-an ettlergen.cy as required by paragraph <br />Documents. 6.16.A), notify OWNBlt arid ENGINEER in writing about . <br />, , such condition. CON'TltAcrOR. shaII not further disturb _ ~ <br />'B. Limited Reliance by CONTRACI'OR on Technical sUch condition or perform any Work in 'connectiOn 'therewith <br />Data Authorized: CONTRACTOR may rely upon the" , :(except as aforesaid) until receipt of written ordeno do.so;- <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," CONTRACTOR 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 completeness of such reports and drawings <br />for CONTRACTOR's purposes, including, but not <br />limited to, any aspects of the means, methods, <br />technique,s, 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, opinionS, 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 />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 ldditional 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 nmes 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 cost 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 adjustment in Contract Price <br />will be subject to the provisions of paragraphs 9.08 <br />and 11.03. <br /> <br />00700 - 12 <br />