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Common use of EXCAVATIONS DEEPER THAN FOUR FEET Clause in Contracts

EXCAVATIONS DEEPER THAN FOUR FEET. If the work involves digging any trenches or other excavations that extend otify District, in writing, of any material discovered during such excavation that Contractor believes may be hazardous waste; subsurface or latent physical conditions at the Site differing from those indicated in information made available to Contractor before it submitted its bid for the work; or unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. District shall promptly investigate any such conditions identified by Contractor. If District determines that such conditions exist and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of this Contract, then District shall issue a change order in accordance with these General Conditions. In the event a dispute arises between the Parties in regard to whether any such condition actually exists, or causes a decrease or increase in Contractor’s cost of, or time required for, performance of this Contract, Contractor shall not be excused from completing all work in accordance with the milestones set forth in any construction schedule, but instead shall proceed with all work to be performed pursuant to the Contract Documents. However, Contractor shall retain all rights in such regard as provided by law or this Contract (e.g., dispute resolution provisions).

Appears in 5 contracts

Samples: Time and Materials Service Contract, Time and Materials Service Contract, Time and Materials Service Contract

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