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d. the safety and protection of all such Underground Facilities and repairing any damage <br /> thereto resulting from the Work. <br /> B. Not Shown or Indicated. <br /> 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was <br /> not shown or indicated, or not shown or indicated with reasonable accuracy in the <br /> Contract Documents, Contractor shall, promptly after becoming aware thereof and before <br /> further disturbing conditions affected thereby or performing any Work in connection <br /> therewith(except in an emergency as required by Paragraph 6.16.A), identify the owner of <br /> such Underground Facility and give written notice to that owner and to Owner and <br /> Engineer. Engineer will promptly review the Underground Facility and determine the <br /> extent, if any, to which a change is required in the Contract Documents to reflect and <br /> document the consequences of the existence or location of the Underground Facility. <br /> During such time, Contractor shall be responsible for the safety and protection of such <br /> Underground Facility. <br /> 2. If Engineer concludes that a change in the Contract Documents is required, a Work <br /> Change Directive or a Change Order will be issued to reflect and document such <br /> consequences. An equitable adjustment shall be made in the Contract Price or Contract <br /> Times, or both, to the extent that they are attributable to the existence or location of any <br /> Underground Facility that was not shown or indicated or not shown or indicated with <br /> reasonable accuracy in the Contract Documents and that Contractor did not know of and <br /> could not reasonably have been expected to be aware of or to have anticipated. If Owner <br /> and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of <br /> any such adjustment in Contract Price or Contract Times, Owner or Contractor may make <br /> a Claim therefore as provided in Paragraph 10.05, <br /> 3. Generally, service connections are not indicated on the project drawings. Contractor shall be <br /> responsible for locating all existing underground utility installations in advance of <br /> excavation. <br /> C. Underground Utility Damage Prevention Act: <br /> 1. Contractor shall be required and agrees to comply with all the provisions of any applicable <br /> underground utility damage prevention act (however titled) and hereby agrees, to the fullest <br /> extent permitted by Laws and Regulations, to indemnify, defend, and hold harmless Owner, <br /> Engineer, and their employees, principals, agents, successors, sureties, insurers and assigns, <br /> including any of their Related Entities, if any, from and against all claims, costs, losses, and <br /> damages (including but not limited to all fees and charges of engineers, architects, attorneys, <br /> and other professionals and all court or arbitration or other dispute resolution costs) arising <br /> out of or relating to Contractor's failure, or the failure of anyone for whom Contractor is <br /> responsible, to so comply with the requirements of said act, except the Contractor shall not <br /> be required to indemnify any person or entity for acts attributable to the sole negligence of <br /> such person or entity. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 16 of 81 <br />