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DocuSign Envelope ID:98CAB32E-1814-4C97-B61 E-1314BE791381 EA <br /> 35 <br /> 15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and <br /> designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, <br /> however, any agreement reached between the Contractor and Designer shall be subject to <br /> approval by the Owner. <br /> ARTICLE 16. UNFORESEEN CONDITIONS <br /> 16.1 Should the Contractor encounter unforeseen conditions at the Project site materially <br /> differing from those shown on the Drawings or indicated in the Specifications or differing <br /> materially from those ordinarily encountered and generally recognized as inherent in work of the <br /> character provided for in this Agreement, the Contractor shall immediately, and in no event <br /> more than three days later, give notice to the Owner of such conditions before they are <br /> disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and <br /> if they find that they materially differ from those shown on the Drawings or indicated in the <br /> Specifications, they shall at once make such changes in the Drawings and Specifications as <br /> they may find necessary. Any increase or decrease in the Contract Price resulting from such <br /> changes shall be adjusted in the manner provided herein for adjustments as to extra or <br /> additional Work and changes. However, neither the Owner nor the Designer shall be liable or <br /> responsible for additional work, costs, or changes to the Work that could have been reasonably <br /> determined from any reports, surveys, and analyses made available for the Contractor's review <br /> or that could have been discovered by the Contractor through the performance of its obligations <br /> pursuant to the Contract Documents. <br /> ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority <br /> to order Work removed or to order corrections of defective Work or Work not in compliance with <br /> the Contract Documents where such action may be necessary to ensure successful completion <br /> of the Work. <br /> Any work, materials, fabricated items, or other parts of the Work which have been found by the <br /> Designer to be defective or not in accordance with the Contract Documents shall be condemned <br /> and shall be removed from the Project by the Contractor, and immediately replaced by new <br /> Work in accordance with the Contract Documents at no additional cost to the Owner. Work or <br /> property of the Owner or others damaged or destroyed by virtue of such condemned Work shall <br /> be made good at the expense of the Contractor. Correction of condemned Work described <br /> above shall be commenced by the Contractor within twenty-four (24) hours after notice from the <br /> Designer or the Owner and shall be pursued to completion. Should the Contractor fail to <br /> proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after <br /> the notice specified in the preceding sentence, proceed with correction, paying the cost, <br /> including costs of uncovering such condemned Work, of such corrections from amounts due or <br /> to become due to the Contractor. <br /> Condemned Work removed shall be the property of the Contractor and shall be removed from <br /> the Project by him within ten (10) days after notice to remove it, and if not then removed, <br /> thereafter may be disposed of by the Owner without compensation to the Contractor and the <br /> cost of such disposal shall be deducted from amounts due or to become due to the Contractor. <br /> Revised 06/21 <br />