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ordinances, rules and regulations applicable to said Work and fails to give the Owner or Engineer <br /> notice thereof prior to the performance thereof, Contractor shall bear all costs, including reasonable <br /> attorney's fees, arising therefrom. Further, Contractor shall observe and abide by and perform all of <br /> its obligations hereunder in accordance with all applicable laws, rules and regulations of all <br /> governmental authorities having jurisdiction, including the Federal Occupational, Safety and Health <br /> Act. Contractor agrees to take affirmative action to not discriminate against any employee or <br /> applicant for employment because of race, creed, color or national origin. To the extent applicable, <br /> Contractor will comply with all provisions of any executive orders and any rules, regulations, orders, <br /> instructions, designations and other directives promulgated by any governmental unit with <br /> jurisdiction thereof. Violation of this provision, after notice, shall be a material breach of this <br /> Agreement and may result, at the Owner's option, in a termination or suspension of this Agreement in <br /> whole or in part. <br /> 10.3 The Contractor will pay all sales, consumer, use and other similar taxes required by the law of <br /> the place where the Work is to be performed. <br /> ARTICLE 11. Availability of Lands; Physical and Subsurface Conditions; Reference Points <br /> 11.1 The Owner will provide, as indicated in the Contract Documents and not later than the date <br /> when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for <br /> access thereto, and such other lands which are designated for the use of the Contractor, the Contractor <br /> will provide all additional lands and access thereto that may be required for temporary construction <br /> facilities or storage of materials and equipment. <br /> 112 The Contractor will properly notify the Owner and Engineer in writing of any subsurface or <br /> latent physical conditions at the site differing materially from those indicated in the Contract <br /> Documents. The Engineer will promptly investigate those conditions and advise the Owner in <br /> writing if further surveys or subsurface tests are necessary. Promptly thereafter, the Owner will <br /> obtain the necessary additional surveys and tests and furnish copies to the Engineer and the <br /> Contractor. If the Engineer finds that the results of such surveys or tests indicate subsurface or latent <br /> physical conditions differing significantly from those indicated in the Contract Documents, a Change <br /> Order shall be issued incorporating the necessary revisions. <br /> 11.3 The Engineer will establish such general reference points as in his judgment will enable the <br /> Contractor to proceed with the Work. The Contractor will be responsible for the layout cf the Work <br /> and will protect and preserve the established reference points and will make no changes or relocations <br /> without the prior written approval of the Owner and Engineer. He will report to the Engineer <br /> whenever any reference point is lost or destroyed or requires relocation because of necessary changes <br /> in grades or locations. The Contractor will replace and accurately relocate all reference points so lost, <br /> destroyed or moved. <br /> ARTICLE 12. Use of Premises <br /> 12.1 The Contractor will confine his equipment, the storage of materials and equipment and the <br /> operations of his workmen to areas permitted by law, ordinances, permits or the requirements of the <br /> Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. <br /> GC 11 <br />