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(2) Subsurface of latent physical conditions at the site differing from those indicated, (3) Unknown physical conditions at the site of any usual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. (b) Upon receipt of notice from DB, City shall promptly investigate the conditions, and it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. (c) In the event that a dispute arises between the public entity and the DB whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the DB's cost of, or time required for, per[ormance of any part of the work, the DB shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. DB shall retain any and all dghts provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 28. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of DB to: W. L. Butler Construction, Inc. 204 Franklin Street Redwood City, CA 94063 (650) 361-1270 and in the case of City, to: City Manager City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Agmt-247 F/sh/sh/RC/Council FXS:rg 03/29/99R;04/05/99R, 04/07/99R -31 -