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' 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times <br /> if <br /> ' a. Contractor knew of the existence of such conditions at the time Contractor made a final <br /> commitment to Owner with respect to Contract Price and Contract Times by the <br /> submission of a Bid or becoming bound under a negotiated contract;or <br /> ' b. the existence of such condition could reasonably have been discovered or revealed as a <br /> result of any examination, investigation, exploration, test, or study of the Site and <br /> ' 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, <br /> ' if 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 <br /> any of their officers, directors, members, partners, employees, agents, consultants, or <br /> subcontractors shall be liable to Contractor for any consequential damages, including but <br /> not limited to claims, costs, losses, or damages (including but not limited to all fees and <br /> charges of engineers, architects, attorneys, and other professionals and all court or <br /> ' arbitration or other dispute resolution costs) sustained by Contractor on or in connection <br /> with any other project or anticipated project, and Contractor expressly and specifically <br /> releases any and all damages related thereto. Any damages for suspension or idle time <br /> shall be limited to the Contractor's actual cost of labor or equipment costs, including a <br /> reasonable markup for overhead but shall not include a markup for profit. <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 /> ' Contract Documents: <br /> 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such <br /> ' information or data provided; 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 /> ' 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 15 of 81 <br />