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17 <br />Progressive Design Build General Conditions <br /> <br />in the Provided Information or any action or forbearance in reliance thereon. Design-Builder <br />further acknowledges and agrees that (a) if and to the extent Design-Builder or anyone on <br />Design-Builder’s behalf uses any of the information in the Provided Information in any way, such <br />use is made on the basis that Design-Builder, not Owner, has approved and is responsible for <br />such information, and (b) Design-Builder is capable of conducting and obligated hereunder to <br />conduct any and all studies, analyses and investigations as it deems advisable to verify or <br />supplement such information, and that any use of such information is entirely at Design Builder’s <br />own risk and at its own discretion. <br />3.2.2 Except as otherwise provided in the Contract Documents, Owner is responsible for <br />securing and executing all necessary agreements with adjacent land or property owners that are <br />necessary to enable Design-Builder to perform the Work. Owner is further responsible for all <br />costs, 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 <br />and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the <br />Contract Documents. Owner’s Representative shall also provide Design-Builder with prompt <br />notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, <br />including any errors, omissions, or defects in the performance of the Work. Provided, however, <br />that the failure of Owner’s Representative to provide such notice shall not relieve Design-Builder <br />from the obligation to perform the Work and deliver the Project in a manner consistent with its <br />obligations under the Contract Documents. Owner’s Representative shall communicate regularly <br />with Design-Builder and shall be vested with the authority to act on behalf of Owner. <br />3.4 Government Approvals and Permits. <br />3.4.1 Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, <br />government charges and inspection fees for the Project, that are not required by law to be <br />obtained by Owner. <br />3.5 Owner’s Separate Contractors. <br />3.5.1 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 to enable <br />Design-Builder to timely complete the Work consistent with the Contract Documents. <br /> <br /> <br />Article 4 <br />Hazardous Conditions and Differing Conditions <br />4.1 Hazardous Conditions. <br />4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, <br />Design-Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon <br />encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the <br />affected area and duly notify Owner and, if required by Legal Requirements, all government or <br />quasi-government entities with jurisdiction over the Project or 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