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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, if <br />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 other <br />professionals and all court or arbitration or other dispute resolution costs) sustained by <br />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 C 2007 NaNonal Society of Professional Engineers for EJCDC. All rights reserved. <br />PaQe 13 of 62 <br />