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FXS:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br />materially so differ, or do involve hazardous waste, and cause a <br /> <br />decrease or increase in the contractor's cost of, or the time <br />required for, performance of any part of the work shall issue a <br />change order under the procedures described in the contract. <br /> <br /> (c) In the event that a dispute arises between the public <br />entity and the contractor whether the conditions materially <br />differ, or involve hazardous waste, or cause a decrease or <br />increase in the contractor's cost of, or time required for, <br />performance of any part of the work, the CM/GC shall not be <br />excused from any scheduled completion date provided for by the <br />contract, but shall proceed with all work to be performed under <br />the contract. CM/GC shall retain any and all rights provided <br />either by contract or by law which pertain to the resolution of <br />disputes and protests bet~¢een the contracting parties. <br /> <br /> 27. ATTORNEY'S FEES. If either party becomes involved in <br />litigation, arbitration, or mediation arising out of this <br />Agreement or the performance thereof, the court in such <br />litigation, or in a separate suit, or the arbitrator or mediator <br />in such arbitration or mediation, or in a separate proceeding, <br />shall award costs and expenses, including attorneys' fees, to the <br />prevailing party. <br /> <br /> 28. NOTICES. Written notices required or convenient <br />hereunder shall be delivered personally or by depositing the same <br />with the United States Postal Service, first class (or <br />equivalent) postage prepaid and addressed, in the case of CM/GC <br />to: <br /> <br /> Rudolph & Sletten, Inc. <br /> 989 East Hillsdale Boulevard <br /> Foster City, CA 94404 <br /> 26 <br /> <br /> <br />