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necessary to enable Design-Builder to perform the Work. Owner is further responsible for all costs, <br /> including attorneys' fees, incurred in securing these necessary agreements. <br /> 3.3 Owner's Representative. <br /> 3.3.1 Owner's Representative shall be responsible for providing Owner-supplied information and <br /> approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract <br /> Documents. Owner's Representative shall also provide Design-Builder with prompt notice if it <br /> observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any <br /> errors, omissions or defects in the performance of the Work. Provided, however, that the failure of <br /> Owner's Representative to provide such notice shall not relieve Design-Builder from the obligation <br /> to perform the Work and deliver the Project in a manner consistent with its obligations under the <br /> Contract Documents. Owner's Representative shall communicate regularly with Design-Builder <br /> and shall be vested with the authority to act on behalf of Owner. <br /> 3.4 Owner's Separate Contractors. <br /> 3.4.1 Owner is responsible for all work performed on the Project or at the Site by separate <br /> contractors under Owner's control. Owner shall contractually require its separate contractors to <br /> cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to <br /> enable Design-Builder to timely complete the Work consistent with the Contract Documents. <br /> Article 4 <br /> Hazardous Conditions and Differing Site Conditions <br /> 4.1 Hazardous Conditions <br /> 4.1.1 Unless shown or indicated in Contract Documents or identified in the Contract Documents <br /> to be within the scope of the Work, Design-Builder is not responsible for any Hazardous Conditions <br /> encountered at the Site. Upon encountering any Hazardous Conditions, Design-Builder will stop <br /> Work immediately in the affected area and duly notify Owner and, if required by Legal <br /> Requirements, all government or quasi-government entities with jurisdiction over the Project or <br /> Site. <br /> 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall <br /> take the necessary measures required to ensure that the Hazardous Conditions are remediated or <br /> rendered harmless. Such necessary measures may include Owner retaining qualified independent <br /> experts to(i)ascertain whether Hazardous Conditions have actually been encountered, and, if they <br /> have been encountered, (ii) prescribe the remedial measures that Owner must take either to <br /> remove the Hazardous Conditions or render the Hazardous Conditions harmless. <br /> 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only <br /> after Owner provides it with written certification that (i) the Hazardous Conditions have been <br /> removed or rendered harmless and (ii) all necessary approvals have been obtained from all <br /> government and quasi-government entities having jurisdiction over the Project or Site. <br /> 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions, to an <br /> adjustment in its GMP and/or Contract Time(s) to the extent Design-Builder's cost and/or time of <br /> performance have been adversely impacted by the presence of Hazardous Conditions. Adjustment <br /> in Contract Time or compensation for delay will only be allowed for adverse impacts to the critical <br /> path. If Design-Builder seeks to have the GMP or the Contract Time, or both, adjusted due to any <br /> Hazardous Conditions, Design-Builder shall comply with the provisions of Section 9.1.3 of these <br /> General Conditions (Design-Builder Request for Change Order) in addition to the requirements of <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 12 <br />