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November 17, 1995 Article 36. ESTIMATED QUANTITIES The Contractor understands and agrees that: (a) The quantities and measurements set forth in the Special Conditions are in no case exact and in some instances the exact quantities and measurements are impossible to determine until after conditions have become known during construction; Ibl The quantities shown in the Special Conditions are for use as a basis for comparing bids only; Icl The Principle Representative does not expressly, or by implication, agree that the actual amount of work performed or material furnished or installed will correspond therewith; Idl During the progress of the work the Principle Representative may find it advisable and shall have the right to make changes in locations of portions of the work, to omit portions of the work and to increase or decrease the quantities, as may be deemed necessary or desirable; le) Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed; (fl Under no circumstances or conditions will the Contractor be paid more than the unit price bid for any item of the Bid because the actual quantity is greater or less than the quantity shown in the Bid or Bid Schedule, and Igl Measurements of any openings have been made in sufficient detail to establish general shapes and dimensions. The locations and dimensions of vertical and horizontal openings and depths of materials shown on the documents as waste material, soil and unconsolidated material and rock material are approximate measurements only and shall be verified by excavation. Article 37. DIFFERING SITE CONDITIONS lal The Contractor shall promptly, and before such conditions are disturbed, notify the Principle Representative of: (11 subsurface or latent physical conditions at the site differing materially from those indicated in the Contract, or 12) unknown physical conditions at the site, of an unusual nature, differing materiaNy from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Principle Representative shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, pertormance of any part of the work under this Contract, whether or not changed as a result or such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly. Ib) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in la) above; provided, however, the time prescribed therefor may be eMended by the State. Icl No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. DMG-12