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Contractor's cost of, or time required for, <br />performance of the Work; subject, <br />however, to the following: <br />a. such condition must meet any one or <br />more of the categories described in <br />Paragraph 4.03.A; and <br />b. with respect to Work that is paid for <br />on a Unit Price Basis, any <br />adjustment in Contract Price will be <br />subject to the provisions of <br />Paragraphs 9.07 and 11.03. <br />2. Contractor shall not be entitled to any <br />adjustment in the Contract Price or <br />Contract Times if: <br />a. Contractor knew of the existence of <br />such conditions at the time <br />Contractor made a final commitment <br />to Owner with respect to Contract <br />Price and Contract Times by the <br />submission of a Bid or becoming <br />bound under a negotiated contract; <br />or <br />b. the existence of such condition could <br />reasonably have been discovered or <br />revealed as a result of any <br />examination, investigation, <br />exploration, test, or study of the Site <br />and contiguous areas required by the <br />Bidding Requirements or Contract <br />Documents to be conducted by or <br />for Contractor prior to Contractor's <br />making such final commitment; or <br />c. Contractor failed to give the written <br />notice as required by Paragraph <br />4.03.A. <br />3. If Owner and Contractor are unable to <br />agree on entitlement to or on the amount <br />or extent, if any, of any adjustment in the <br />Contract Price or Contract Times, or <br />both, a Claim may be made therefor as <br />provided in Paragraph 10.05. However, <br />Owner and Engineer, and any of their <br />Related Entities shall not be liable to <br />Contractor for any claims, costs, losses, <br />or damages (including but not limited to <br />all fees and charges of engineers, <br />architects, attorneys, and other <br />professionals and all court or arbitration <br />or other dispute resolution costs) <br />sustained by Contractor on or in <br />connection with any other project or <br />anticipated project. <br />4.04 Underground Facilities <br />A. Shown or Indicated: The information and <br />data shown or indicated in the Contract <br />Documents with respect to existing <br />Underground Facilities at or contiguous to the <br />Site is based on information and data <br />furnished to Owner or Engineer by the owners <br />of such Underground Facilities, including <br />Owner, or by others. Unless it is otherwise <br />expressly provided in the Supplementary <br />Conditions: <br />1. Owner and Engineer shall not be <br />responsible for the accuracy or <br />completeness of any such information or <br />data; and <br />2. the cost of all of the following will be <br />included in the Contract Price, and <br />Contractor shall have full responsibility <br />for: <br />a. reviewing and checking all such <br />information and data, <br />b. locating all Underground Facilities <br />shown or indicated in the Contract <br />Documents, <br />c. coordination of the Work with the <br />owners of such Underground <br />Facilities, including Owner, during <br />construction, and <br />d. the safety and protection of all such <br />Underground Facilities and repairing <br />any damage thereto resulting from <br />the Work. <br />B. Not Shown or Indicated <br />1. If an Underground Facility is uncovered <br />or revealed at or contiguous to the Site <br />which was not shown or indicated, or not <br />shown or indicated with reasonable <br />accuracy in the Contract Documents, <br />Contractor shall, promptly after <br />becoming aware thereof and before <br />further disturbing conditions affected <br />Standard General Conditions <br />00 72 00-10 <br />