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B. Notice:Written notice stating the general nature of each Claim shall be delivered by the claimant ' <br /> to Engineer and the other party to the Contract promptly(but in no event later than 21 days) after <br /> the start of the event giving rise thereto; provided, however, that the claimant shall use its best <br /> efforts to furnish Engineer and the other party, as expeditiously as possible, with notice of any ' <br /> Claim including, without limitation, those in connection with concealed or unknown conditions, <br /> once such Claim is recognized, and shall cooperate with Engineer and the party against whom <br /> the Claim is made in any effort to mitigate the alleged or potential damages, delay, or other <br /> adverse consequences arising out of the condition that is the cause of such a Claim. The <br /> responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the <br /> amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the ' <br /> other party to the Contract within 60 days after the start of such event (unless Engineer allows <br /> additional time for claimant to submit additional or more accurate data in support of such Claim). <br /> A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions , <br /> of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in <br /> accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by <br /> claimant's written statement that the adjustment claimed is the entire adjustment to which the <br /> claimant believes it is entitled as a result of said event. The opposing party shall submit any <br /> response to Engineer and the claimant within 30 days after receipt of the claimant's last <br /> submittal(unless Engineer allows additional time). <br /> C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last <br /> submittal of the claimant or the last submittal of the opposing party, if any, take one of the ' <br /> following actions in writing: <br /> 1. Deny the Claim in whole or in part; ' <br /> 2. Approve the Claim; or <br /> 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole , <br /> discretion, it would be inappropriate for the Engineer to do so. For purposes of further <br /> resolution of the Claim, such notice shall be deemed a denial. ' <br /> D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be <br /> deemed denied. , <br /> E. Engineer's written action under Paragraph 10.05. C or denial pursuant to Paragraphs 10.05.C.3 <br /> or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor ' <br /> invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or <br /> denial. <br /> F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in , <br /> accordance with this Paragraph 10.05. <br /> 1. The notice required by Paragraph 10.05.B is a condition precedent to the assertion of any ' <br /> claim by Contractor. The right of Owner to receive written notice of claims under Paragraph <br /> 10.05.E may not be waived or modified by Owner or Engineer except in writing signed by <br /> Owner, and Contractor waives the right to rely on any purported waiver of this written notice ' <br /> by verbal instructions or other conduct of Owner or Engineer. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract , <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 54 of 81 <br />