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contiguous areas required by the Bidding Requirements or Contract Documents to be <br /> conducted by or for Contractor prior to Contractor's making such final commitment; or <br /> c. Contractor failed to give the written notice as required by Paragraph 4.03.A. <br /> 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, <br /> if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be <br /> made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any <br /> of their officers, directors, members, partners, employees, agents, consultants, or <br /> subcontractors shall be liable to Contractor for any claims, costs, losses, or damages <br /> (including but not limited to all fees and charges of engineers, architects, attorneys, and <br /> other professionals and all court or arbitration or other dispute resolution costs) sustained <br /> by Contractor on or in connection with any other project or anticipated project. <br /> 4.04 Underground Facilities <br /> A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents <br /> with respect to existing Underground Facilities at or contiguous to the Site is based on <br /> information and data furnished to Owner or Engineer by the owners of such Underground <br /> Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the <br /> Supplementary Conditions: <br /> 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such <br /> information or data provided by others; and <br /> 2. the cost of all of the following will be included in the Contract Price, and Contractor shall <br /> have full responsibility for: <br /> a. reviewing and checking all such information and data; <br /> b. locating all Underground Facilities shown or indicated in the Contract Documents; <br /> c. coordination of the Work with the owners of such Underground Facilities, including <br /> Owner, during construction; and <br /> d. the safety and protection of all such Underground Facilities and repairing any damage <br /> thereto resulting from the Work. <br /> B. Not Shown or Indicated: <br /> 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was <br /> not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract <br /> Documents, Contractor shall, promptly after becoming aware thereof and before further <br /> disturbing conditions affected thereby or performing any Work in connection therewith <br /> (except in an emergency as required by Paragraph 6.16.A), identify the owner of such <br /> Underground Facility and give written notice to that owner and to Owner and Engineer. <br /> Engineer will promptly review the Underground Facility and determine the extent, if any, to <br /> which a change is required in the Contract Documents to reflect and document the <br /> EJCDC C-700 Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 13 of 62 <br /> 00 72 05 <br /> P147 <br />