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40 <br /> 33.3. A claim for extra cost shall include a claim for an increase in the CMAR Fee.Approved claims for <br /> extra cost, will be considered change orders for which CMAR is entitled to an increase in its Fee <br /> under Paragraph 3.3 herein. <br /> 33.4. If the parties are unable to agree to the reasonable cost and time to perform the change, or are <br /> unable to agree as to whether a change occurred,the Owner's representative shall make a unilateral <br /> determination regarding the basis of proceeding, subject to dispute resolution at a later time. The <br /> CMAR shall proceed with the Work as directed by the Owner's representative. <br /> 33.5. Should a claim for an increase in the GMP by the CMAR be denied by the Owner the CMAR may <br /> request mediation in connection with the dispute resolution rules adopted for this Project. <br /> 34.DIFFERING SITE CONDITIONS <br /> 34.1. Should the CMAR encounter subsurface or latent conditions,or both at the site materially differing <br /> from those shown on the drawings or indicated in the specifications or differing materially from <br /> those ordinarily encountered and generally recognized as inherent in Work of the character <br /> provided for in this Contract, the CMAR shall immediately, and in no event later than thirty (30) <br /> days later, give notice to the Owner of such conditions before they are disturbed. The Owner and <br /> the Project Designer shall thereupon promptly investigate the conditions and if they find that they <br /> materially differ from those shown on the drawings or indicated in the specifications, they shall at <br /> once make such changes in the drawings and/or specifications as they may find necessary. Any <br /> increase or decrease in the Cost of the Work resulting from such changes shall be adjusted in the <br /> manner provided herein for adjustments as to extra and/or additional Work and changes. However, <br /> neither the Owner nor the Project Designer shall be liable or responsible for additional Work,costs <br /> or changes to the Work that could have been reasonably determined from any geotechnical, soils <br /> and other reports, surveys and analyses made available for the CMAR's review or that could have <br /> been discovered by the CMAR through the performance of its obligations pursuant to this Contract. <br /> 35.CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> 35.1. Any Work, materials, fabricated items or other parts of the Work which have been condemned, <br /> rejected, or declared not in accordance with the Contract by the Project Designer shall be promptly <br /> removed from the Work site by the CMAR, and shall be immediately replaced by new Work in <br /> accordance with the contract at no additional cost to the Owner. Work or property of the Owner, <br /> damaged or destroyed by virtue of such faulty Work, shall be made good at the expense of the <br /> CMAR. <br /> 35.2. Correction of condemned Work described above shall commence within seventy-two (72) hours <br /> after receipt of notice from the Project Designer, and shall make satisfactory progress until <br /> completed. <br /> 35.3. Should the CMAR fail to proceed with the required corrections,then the Owner shall have the right <br /> to complete the Work under the terms herein. <br /> 36.CORRECTION OF WORK AFTER FINAL PAYMENT <br /> 36.1. Neither the final certificate, final payment, occupancy of the premises by the Owner, nor any <br /> provision of the Contract, nor any other act or instrument of the Owner, nor the Project Designer, <br /> shall relieve the CMAR from responsibility for negligence, for faulty material or workmanship, for <br /> breach of any warranty or guarantee, or for failure to comply with the drawings and specifications. <br /> The CMAR shall correct any defects due thereto and repair any damage resulting therefrom,which <br /> may appear during the guarantee period following Substantial Completion of the Work in <br /> accordance with its warranty and guarantee. The Owner will report any defects as they may appear <br /> to the CMAR and establish a time limit for completion of corrections by the CMAR. The Owner <br /> Page 37 of 52 <br /> Revised 12/24,4/25 <br />