Common use of Not Shown or Indicated Clause in Contracts

Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.29), identify the owner of such Underground Facility and give written notice to that owner and to the Town. Contractor shall be responsible for the safety and protection of such Underground Facility as provided in these General Conditions. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If the Town and Contractor are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Contractor may make a claim therefor as provided in Articles 10 or 11. However, the Town, Project Manager and Project Manager's Consultants shall not be liable to Contractor for any claims, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project.

Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract DocumentsDocuments and which CONTRACTOR could not reasonably have been expected to be aware of, Contractor CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions performing any WORK affected thereby or performing any Work in connection therewith (except in an emergency as required permitted by paragraph 6.296.22), identify the owner TOWN of such Underground Facility and give written notice thereof to that owner TOWN and to TOWN and ENGINEER. ENGINEER will promptly review the TownUnderground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. Contractor During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in these General Conditionsparagraph 6.20. Contractor CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract TimesTime, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Contractor did not know of and which CONTRACTOR could not reasonably have been expected to be aware of or to have anticipatedof. If the Town and Contractor parties are unable to agree on entitlement as to or the amount or length of any such adjustment in Contract Price or Contract Timesthereof, Contractor CONTRACTOR may make a claim therefor as provided in Articles 10 or 11. However, the Town, Project Manager 11 and Project Manager's Consultants shall not be liable to Contractor for any claims, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project12.