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completion dates on account thereof. Any claim for damages by LCRA (regardless of <br />the reason therefore) shall be made not later than 90 (ninety) days after the <br />occurrence of the event or condition giving rise to such claim. The failure to make <br />any such claim in writing and within the time limits established by this paragraph (time <br />being of the essence) shall mean that the claim has been waived by LCRA, and that <br />LCRA shall be precluded from any recovery of any kind in connection with the <br />occurrence or condition giving rise to said claim and that LCRA shall perform all Work <br />required by or in connection with any such event or condition without any increase in <br />the price and /or any other increase in compensation. In the case of a continuing <br />cause of delay, only one claim is necessary. <br />16. Risk of Loss and Quality Control and Assurance. LCRA shall bear <br />the expense and risk of loss or damage to the Project while the Work is in progress <br />and prior to Final Completion. <br />17. Site Conditions. LCRA acknowledges that it has taken steps <br />necessary to ascertain the nature and location of the Project, and that it has <br />investigated and satisfied itself as to the general and local conditions which can <br />affect the proper completion of the Project or its cost, including but not limited to: (i) <br />conditions bearing upon transportation, disposal, handling, and storage of materials; <br />(ii) the availability of labor, water, electric power, and roads; (iii) uncertainties of <br />weather, river stages, tides, or similar physical conditions at the site; (iv) the <br />conformation and conditions of the ground; and (v) the character of equipment and <br />facilities needed preliminary to and during performance of the Work. Any failure of <br />LCRA to take the actions described and acknowledged in this section will not relieve <br />LCRA from responsibility for estimating properly the difficulty and cost of <br />successfully performing the Work, or for proceeding to successfully perform the <br />Work without additional expense to San Marcos. <br />18. On -Site Activities. LCRA shall have an authorized representative at <br />the Project site to whom San Marcos may communicate at all times when Work is <br />being performed. The authorized representative of LCRA shall be identified to San <br />Marcos in writing. Each Party shall be responsible for the operation, condition, and <br />safety of its own equipment, tools, and vehicles, and neither Party's personnel shall <br />operate the other's tools, vehicles, materials, or equipment. LCRA shall keep all of <br />its work areas free from trash and debris, and keep its work areas clean on a <br />continuous basis. LCRA shall secure and protect all of its materials, tools, and <br />equipment along with any San Marcos equipment within LCRA's control when stored <br />at the Project site. <br />19. Unknown Conditions. If any Unknown Conditions are uncovered or <br />revealed at or contiguous to the Site which was not shown or indicated, LCRA shall, <br />promptly after becoming aware thereof and before further disturbing conditions <br />affected thereby or performing any Work in connection therewith (except in an <br />emergency), identify The City of San Marcos of such Unknown Conditions and give <br />written notice to The City of San Marcos. LCRA shall be responsible for the safety <br />and protection of such Unknown Conditions. In the event such Unknown Conditions <br />(i) were unknown to LCRA or its Subcontractors, (ii) could not have been detected or <br />become known to LCRA by the exercise of reasonable diligence or investigations <br />conducted in accordance with prudent industry practices or in complying with its <br />Interlocal Agreement for Solar Energy Facility <br />LCRA —San Marcos page 4 <br />