Change Order Due to Unforeseen Subsurface Condition. Subject to Section 9.5.1 and Section 2.3.1(b), (i) if and to the extent that an Unforeseen Subsurface Condition causes Contractor to suffer a delay in the performance of the Work, Owner will issue a Change Order extending the Project Schedule to the extent required under Section 9.5.2, and (ii) if and to the extent that such Unforeseen Subsurface Condition increases Contractor’s Direct Costs in performing the Work, Owner shall, via Change Order, increase the Contract Price to the extent required under Section 9.5.3. Such Change Order(s) shall be Contractor’s sole and exclusive remedy for any delays and increased costs resulting from an Unforeseen Subsurface Condition, and Contractor will not be entitled to any payment, damages or other compensation in connection with any such delays or increased costs.
Appears in 6 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
