AGREEMENT

Construction Agreement

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BLUE RIDGE REAL ESTATE CO | Big Boulder Corporation

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Title: AGREEMENT
Date: 8/10/2005
Industry: HOTELS

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Exhibit 10.1

AGREEMENT

THIS AGREEMENT made this 9th day of June in the year 2005, by and between Big Boulder Corporation a legal entity organized and existing in the County of Carbon under and by virtue of the laws of the State of Pennsylvania, hereinafter designated as the Owner, and Robert C. Young, Inc., hereinafter designated as the Contractor.

The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - THE WORK

The Contractor shall complete the Work as specified or indicated on the Notice of Award and as outlined on the Bid Schedule(s) of the Owner's Contract Documents entitled:

BIG BOULDER CORPORATION

LAURELWOODS II RESIDENTIAL DEVELOPMENT

ROCKLEDGE DRIVE/LAURELWOODS DRIVE, WOODSBLUFF COURT,

WOODHOLLOW COURT AND LAURELWOODS DRIVE

INFRASTRUCTURE - PROJECT N0.1863

The work is generally described as follows: Installation of mass excavation and fill; stormwater retention facilities; storm sewer and water lines and associated facilities; roadway construction; erosion and sedimentation control; swale construction; ground restoration; road signs; street lights and all appurtenances, as described in the Contract Documents.

ARTICLE 2 - COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall be commenced on the date specified the Notice to Proceed by the Owner and the Work shall be fully completed 180 days after the date of Commencement of the Work, as specified in the Notice to Proceed.

The Owner and the Contractor recognize that time is of the essence in this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages or delays (but not as a penalty) the Contractor shall pay the Owner the sum of $ 500.00 for each calendar day that expires after the time specified in Article 2, herein.

ARTICLE 3 - CONTRACT PRICE

The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price named in the Contractor's Bid and Bid Schedule-A on any bid item as subtotaled for each section of the bid form.

ARTICLE 4 - THE CONTRACT DOCUMENTS

The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice to Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract, Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings, Addenda numbers 2 to 2, inclusive, and all Change Orders and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and which are not attached hereto.

AGREEMENT FORM

AGREEMENT AND BONDS - PAGE 1

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AGREEMENT

Continued

ARTICLE 5 - PAYMENT PROCEDURES

The Contractor shall submit Application for Payment in accordance with Article 14 of the General Conditions and the Supplementary General Conditions. Application for Payment will be processed by the Engineer, as provided in the General Conditions.

ARTICLE 6 - NOTICES

Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the given of the Notice.

ARTICLE 7 - MISCELLANEOUS

Terms used in this Agreement which are defined in Article 1 of the General Conditions and Supplementary General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representative in respect of all covenants, agreements, and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first above written.

BIG BOULDER CORPORATION

ROBERT C. YOUNG, INC.

/s/ Eldon D. Dietterick

By: /s/ Mark R. Young

Title: Eldon D. Dietterick 8/8/05

Title:Mark R. Young

Executive Vice President & Treasurer

Vice-President

Attest

/s/ Christine A. Liebold

Attest /s/ Cheryl Lewis

Christine A. Liebold, Secretary 8/8/05

Cheryl Lewis, Asst. Secretary

Address for giving Notice:

P O Box 707

P. O. Box K

Blakeslee, PA 18610

Mifflinville, PA 18631-0470

AGREEMENT FORM

AGREEMENT AND BONDS - PAGE 2

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CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Whenever used in these General Conditions or in other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the bid documents or the Contract Documents.

Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

Application for Payment - The form furnished by the Engineer which is to be used by the Contractor in requesting progress or final payments and which includes such supporting documentation as is required by the Contract Documents.

Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work.

Bid - The offer or Proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the Work to be done.

Bidding Documents - Notice Inviting Bids, Instructions to Bidders, the Bid Form and the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Equipment and Materials (where required), Bidder's General Information, Bid Security or Bond, Affirmative Action Program, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

Bidding Requirements - The Notice Inviting Bids, Instructions to Bidders, the Bid Form and the accompanying Bid Schedule or Bid Sheets.

Bonds - Bid, Performance, and Payment Bonds and other instruments which protect against loss due to inability or refusal of the Contractor to perform its Contract.

Change Order - A document recommended by the Engineer which is signed by the Contractor and the Owner and authorizes an addition to, deletion from, or revision of the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

0702-120192

CONDITIONS OF THE CONTRACT GENERAL CONDITIONS - PAGE 1

Completion - Completion of the Work shall be the date of such acceptance of the Work by the Owner. Completion shall mean Substantial performance of the Contract, which shall have the definition given in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company.

Contract Documents - Unless otherwise defined in the Supplementary General Conditions, the Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the Schedule of Values or Cost-loaded CPM, List of Subcontractors, Non-Collusion Affidavit, Equipment or Material Proposed, Bidder's General Information, Bid Security or Bid Bond, the Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda, Change Orders, and Work Directive Changes executed pursuant to the provisions of the Contract Documents. Shop Drawings submittals approved pursuant to Article 6.12 and the reports and drawings referred to in Article 4.2a are not Contract Documents.

Contract Price - The total monies payable by the Owner to the Contractor under the terms and conditions of the Contract Documents.

Contract Time - The number of successive calendar days as stated in the Contract Documents for the completion of the Work.

Contract Unit Price - The price quoted by the Bidder for performing or furnishing each item of Work to be paid for on the basis of unit prices.

Contractor - The person, firm, partnership, co-partnership, or corporation with whom the Owner has executed the Agreement.

Contractor's Project Representative - Contractor's representative for the Project through whom all matters addressed to the Contractor regarding the Project shall be directed. This individual and the Owner's or Engineer's Resident Project Representative shall be the only two individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project.

Cost of Work - The term Cost of Work (determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the Contractor for labor, materials, and equipment in the proper performance of the Work, plus the Contractor's fee for overhead and profit (determined as provided in Article 11.4, herein).

Day - A calendar day of 24 hours, measured from midnight to the next midnight.

Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily costs separate and distinct from the daily costs of other Work on the Project for which a Contract Price has been established.

00702-042000

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 2

Defective Work - Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the Engineer's recommendation of final payment.

Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent, and scope of the Work to be performed.

Effective Date of the Agreement - The date indicated in the Agreement on which it was executed, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the Owner.

Engineer - The person, firm, or corporation named as such in the Supplementary General Conditions. Reference herein to Engineer shall be deemed to include the Resident Project Representative as the authorized representative of the Owner and Consulting Engineer, where applicable.

Engineer's Estimate - On unit-price contracts, the list of estimated quantities and prices of the individual line items of Work to be performed as contained in the Bid Schedule(s). On lump-sum contracts, the estimated contract price of the completed project.

Field Order - A written order issued by the Engineer which, in the opinion of the Engineer, does not involve a change in the Contract Price or the Contract Time.

General Requirements - Refer to sections of the Technical Specifications.

Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Pennsylvania Department of Environmental Protection rules and regulations, County and/or State Codes and adopted ordinances.

Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations.

Liquidated Damages - The dollar amount per day specified in the Agreement that the Contract or shall pay to the Owner for each and every day that the Work remains incomplete following the date of Completion of the Work or designed portion of the Work as specified in the Contract Documents.

Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

00702-042000

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 3

Notice of Award - The written notice by the Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions enumerated therein, within the time specified, the Owner will enter into an Agreement. This Notice will only be issued after Owner approval.

Notice of Completion - The legal document filed by the Owner with the County Recorder after the project has been accepted by the Owner. This document begins the notification period when those firms or individuals who have submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the Owner.

Notice to Proceed - A written notice issued by the Owner to the Contractor authorizing the Contractor to proceed with the work and establishing the date of commencement of the Contract Time. The contract period shall begin within 7 days after the date specified in the Notice to Proceed.

Owner - The agency with whom the Contractor has entered into the Agreement and for whom the Work will be performed.

Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion of the Work. A Notice of Partial Utilization will be issued to the Contractor when such occurs.

PCB's - Polychlorinated biphenyls.

Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other Non-Hazardous Wastes and crude oils.

Project - The total construction of which the Work to be provided under the Contract Documents, may be the whole, or a part thereof, as indicated elsewhere in the Contract Documents.

RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning provided in Pennsylvania Department of Environmental Protection rules and regulations.

Samples - Physical examples of materials, equipments, or workmanship that are representative of some portion of the Work and which establish the standard by which such portion of the Work will be judged.

Schedule of Values - Cost value of activities; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the Contractor. The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing Change Orders.

00702-120495

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 4

Resident Project Representative - The person named in the Supplementary General Conditions as the authorized representative of the Owner or the Engineer who is assigned to the site or any part thereof. All liaison between the Contractor and the Owner shall be directed through the Resident Project Representative.

Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of Part I, Notice Inviting Bids, Instructions to Bidders, Bid Forms, Agreement; Part II, General and Supplementary General Conditions of the Contract; and Part III, Technical Specifications, consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

Standard Specifications - The Standard Specification, where applicable, shall be as named in the Supplementary General Conditions.

Subcontractor - An individual, firm, or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. A Subcontractor is any individual or firm which has contracted with the prime Contractor to perform any portion of the Work.

Subcontractor is responsible for compliance with all the terms and conditions of the Contract.

Substantial Completion - Refers to the Work (or a specified part thereof) that has progressed to the point where, in the opinion of the Engineer, as evidenced by the Notice of Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there is no such certificate issued, when final payment is due in accordance with the provisions of the Contract Documents, and where the Engineer can recommend that the Work be accepted by the Owner. The terms "Substantial Completion" and "substantially complete" and "substantially completed" as applied to any Work shall mean Substantial Performance of the Contract, hereunder. (See definition of "Completion," herein, and in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company.)

Supplementary General Conditions - The part of the Contract Documents which makes additions, deletions, or revisions to these General Conditions.

Supplier - A manufacturer, fabricator, retailer, wholesaler, distributor, materialman, or vendor having a direct contract with the Contractor or with any Subcontractor or with the Owner to furnish materials or equipment to be incorporated in the Work by the Contractor or any Subcontractor.

00702-101596

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 5

Technical Specifications - The technical sections of the Specifications, comprising all sections contained in Part III of the Specification defined herein.

Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following, but not limited to the following, services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic or other control systems.

Unit Price Work - Work to be paid for on the basis of unit prices.

Work - The entire completed construction of the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

Work Directive Change - A written directive to the Contractor, issued on or after the Effective Date of Agreement and signed by the Owner and recommended by the Engineer, ordering a change or in response to emergencies as provided in the Contract Documents. A Work Directive Change may be used on changes affecting the Contract Price or the Contract Time, but shall not authorize payment or a time extension until the Work is incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in the Contract Documents.

ARTICLE 2 - PRELIMINARY MATTERS

2.1

Delivery of Bonds:

When the Contractor delivers the executed Agreement to the Owner, the Contractor shall also deliver to the Owner such Bonds and insurance policies or certificates as the Contractor may be required to furnish in accordance with the Contract Documents.

2.2

Copies of Documents:

The Owner shall furnish to the Contractor, one copy, if requested, (unless otherwise specified in the Supplemental Conditions of the Contract Documents) as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at cost of reproduction.

2.3 Commencement of Contract Time; Notice to Proceed:

The Contract Time shall commence to run on the date specified in the Notice to Proceed.

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CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 6

2.4 Starting the Work:

The Contractor shall start to perform the Work on the date when the Contract Time commences to run but no Work shall be done at the site prior to the date on which the Contract Time commences to run.

2.5 Before Starting Construction:

Before undertaking each part of the Work, the Contractor shall carefully study

and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby; however, the Contractor shall not be liable to the Owner or the Engineer for failure to report any conflict, error or discrepancy in the Contract Documents, unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

The Contractor shall submit to the Engineer for review and approval those documents called for under "Submittals" in the Contract Documents.

When the Contractor delivers its signed Agreement to the Owner, the Contractor shall deliver to the Owner, with a copy to the Engineer, certificates (and other evidence of insurance requested by the Owner) which the Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents.

2.6

Preconstruction Conference:

A preconstruction conference attended by the Contractor, the Engineer, and others as appropriate will be held to discuss the Work in accordance with the applicable sections of the Contract Documents.

2.7

Finalizing Schedules:

At least 7 days before submittal of the first Application for Payment, a conference attended by the Contractor, the Engineer, and others as appropriate will be held to finalize the schedules submitted in accordance with the Contract Document requirements.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1

Contract Documents:

The Contract Documents comprise the entire agreement between the Owner and the Contractor concerning the Work. The Contract Documents are complementary;

00702-051298

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 7

what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the location of the Project.

It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such Work shall be interpreted in accordance with that meaning.

Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Law or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the Owner, the Contractor, or the Engineer or any of their consultants, agents, or employees from those set forth in the Contract Documents.

If, during the performance of the Work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall so report to the Engineer in writing at once and, before proceeding with the Work affected thereby, shall obtain a written interpretation, clarification, or correction from the Engineer.

3.2

Amending and Supplementing Contract Documents:

The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

1. A Change Order, or

2. A Work Directive Change

3.3

Order of Precedence of Contract Documents:

In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:

1. Change Order or Work Directive Changes

2. Agreement

3. Addenda

4. Contractor's Bid (Bid Form)

5. Supplementary General Conditions

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CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 8

6. Notice Inviting Bids

7. Instructions to Bidders

8. General Conditions of the Contract

9. Technical Specifications

10. Referenced Standard Specifications

11. Contract Drawings

12. Referenced Standard Drawings

With reference to the Drawings the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda/Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over standard drawings

3.4 Reuse of Documents:

Neither the Contractor, nor any Subcontractor or Supplier, nor any other person or organization performing or furnishing any of the Work under a direct or indirect Contract with the Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer; and they shall not reuse any of them on extensions of the Project or any other Project without written consent of the Owner and the Engineer and specific written verification or adaptation by the Engineer.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

4.1

Availability of Land:

The Owner will furnish, as indicated in the Contract Documents, the land upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other land which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the land or rights-of-way provided. The Contract shall provide for all additional land and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided that the Contractor shall not enter upon nor use any property not under the control of the Owner until a written temporary construction easement agreement has been executed by the Contractor and the property owner, and a copy of said easement furnished to the Engineer prior to said use; and neither the Owner nor the Engineer shall be liable for any claims or damages resulting from Contractor's unauthorized trespass or use of any such properties.

00702-020193

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 9

4.2

Physical Conditions:

a. Explorations and Reports: Reference is made to the Articles entitled "Physical Conditions" of the Supplementary General Conditions for identification of those reports of explorations and test of subsurface conditions at the site that may have been utilized by the Engineer in the preparation of the Contract Documents. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary General Conditions. Except for such reliance on such "technical data", the Contractor may not rely on or make claims against the Owner, the Engineer, or their Consultants or Subconsultants with respect to:

The completeness of such reports or drawings for the Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by and the safety precautions and programs incidental thereto; or

Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

Any Contractor interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information.

Existing structures: Reference is made to the Article entitled "Physical Conditions" of the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4.4, herein) which are at or contiguous to the site that have been utilized by the Engineer in the preparation of the Contract Documents. The Contractor may rely upon the accuracy of the "technical data" contained in such drawings; however, the interpretation of such "technical data," including any interpolation or extrapolations thereof, together with "nontechnical data", interpretations, and opinions contained in such drawings or the completeness thereof is the sole responsibility of the Contractor.

4.3

Differing Site Conditions:

The Contractor shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery (but in no event later than 14 days after their discovery) and before they are disturbed:

Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed in Article 4.2; and

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CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - PAGE 10

Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents including those reports and documents discussed in Article 4.2.

The 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 permitted by Article 6.11), notify the Owner and the Engineer in writing about such condition. The Contractor shall not further such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written Orders.

The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the Owner in writing of the Engineer's findings and conclusions.

If the Owner concludes that because of newly discovered conditions a change in the Contract Documents is re