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1.5.3. When a word, term, or phrase is used in this Contract, it shall be interpreted <br />or construed, first, as defined herein; second, if not defined, according to its generally <br />accepted meaning in the construction industry; and third, if there is no generally accepted <br />meaning in the construction industry, according to its common and customary usage. <br />1.5.4. The words "include", "includes", or "including", as used in this Contract, shall <br />be deemed to be followed by the phrase, "without limitation". <br />1.5.5. The specification herein of any act, failure, refusal, omission, event, <br />occurrence or condition as constituting a material breach of this Contract shall not imply <br />that any other, non-specified act, failure, refusal, omission, event, occurrence or condition <br />shall be deemed not to constitute a material breach of this Contract. <br />1.5.6. Words or terms used as nouns in this Contract shall be inclusive of their <br />singular and plural forms, unless the context of their usage clearly requires a contrary <br />meaning. <br />1.5.7. The Contractor shall have a continuing duty to read, carefully study and <br />compare each of the Contract Documents, the Shop Drawings and the Product Data and <br />shall give written notice to the City of any inconsistency, ambiguity, error, or omission which <br />the Contractor may discover with respect to these documents before proceeding with the <br />affected Work. The issuance, or the express or implied approval by the City or the Engineer/ <br />Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the <br />Contractor of the continuing duties imposed hereby, nor shall any such approval be <br />evidence of the Contractor's compliance with this Contract. The City has requested the <br />Engineer / Architect to only prepare documents for the Project, including the Drawings and <br />Specifications for the Project, which are accurate, adequate, consistent, coordinated, and <br />sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR <br />WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH <br />DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it <br />has received, reviewed and carefully examined such documents, has found them to be <br />complete, accurate, adequate, consistent, coordinated and sufficient for construction, and <br />that the Contractor has not, does not, and will not rely upon any representation or <br />warranties by the City concerning such documents as no such representation or warranties <br />have been or are hereby made. The Contractor further acknowledges and represents that <br />it has made a thorough and careful examination and inspection of existing conditions on <br />the Project site, both surface and subsurface, and the Contractor expressly acknowledges <br />and agrees that it shall make no claim for additional compensation due to existing site <br />conditions including, but not limited to, rock, surface and subsurface water, existing <br />structures, and deficient soil, provided said conditions could be determined or ascertained <br />from a thorough and careful examination and inspection of the site. <br />Page 3 of 43 <br />271 <br />