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2. other data, interpretations, opinions, and information contained in such reports or shown ' <br /> or indicated in such drawings; or <br /> 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any ' <br /> such other data,interpretations, opinions, or information. <br /> 4. The information provided herein and depicted on the project drawings are not guaranteed by , <br /> the Owner or Engineer to be more than a general representation of the physical conditions <br /> likely to be encountered during the Work. <br /> 4.03 Differing Subsurface or Physical Conditions ' <br /> A. Notice: If Contractor discovers or should reasonably have discovered, or otherwise reasonably ' <br /> believes that any subsurface or physical condition that is uncovered or revealed either: <br /> 1. is of such a nature as to establish that any "Technical Data" on which Contractor is ' <br /> entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or <br /> 2. is of such a nature as to require a change in the Contract Documents; or <br /> 3. differs materially from that shown or indicated in the Contract Documents; or ' <br /> 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and ' <br /> generally recognized as inherent in work of the character provided for in the Contract <br /> Documents; and is not in the area of the project bid as Unclassified Excavation; <br /> then Contractor shall, promptly after becoming aware thereof and before further disturbing the ' <br /> subsurface or physical conditions or performing any Work in connection therewith (except in an <br /> emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such ' <br /> condition. Contractor shall not further disturb such condition or perform any Work in connection <br /> therewith(except as aforesaid)until receipt of written order to do so. <br /> B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer <br /> will promptly review the pertinent condition, deten-nine the necessity of Owner's obtaining <br /> additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to ' <br /> Contractor)of Engineer's findings and conclusions. <br /> C. Possible Price and Times Adjustments: , <br /> 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent <br /> that the existence of such differing subsurface or physical condition causes an increase or ' <br /> decrease in Contractor's cost of, or time required for, performance of the Work; subject, <br /> however,to the following: <br /> a. such circumstance must meet the conditions of Paragraph 4.03. A; and ' <br /> b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract ' <br /> Price will be subject to the provisions of Paragraphs 9.07 and 11.03. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract ' <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 14 of 81 <br />