CHANGES DUE TO UNKNOWN SUBSURFACE CONDITIONS Sample Clauses

CHANGES DUE TO UNKNOWN SUBSURFACE CONDITIONS. 12.4.1 Contractor shall be entitled to receive a Change Order to the extent that it encounters subsurface conditions including geotechnical conditions, archaeological artifacts, fossils, underground utilities or manmade structures which materially differ from, or were not disclosed or provided to Contractor by Owner in Exhibit M or the Geotechnical Reports or which were not identified by Contractor (or were not reasonably inferable or foreseeable) on the basis thereof, that (a) cannot be safely removed by heavy equipment present at the Job Site at no additional cost and without delay to Contractor, (b) are not Job Site Conditions and (c) cause an increase in the cost to complete the Work or cause a delay in Contractor’s performance of any Critical Path activities, to the extent actually and demonstrably caused by the existence of such geotechnical conditions, archaeological artifacts, fossils, underground utilities or manmade structures. 12.4.2 In the event Contractor encounters any conditions listed in Section 12.4.1 at the Job Site, Contractor shall leave such sites untouched and protected by fencing and shall immediately stop any Work affecting the area. Contractor shall notify Owner of any such discovery as soon as practicable, and Contractor shall carry out Owner’s instructions for dealing with the same. Contractor shall prevent its personnel, its Subcontractors’ personnel, the Agent For Contractors’ personnel and any other Persons from removing or damaging any such article or thing.
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Related to CHANGES DUE TO UNKNOWN SUBSURFACE CONDITIONS

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Representations and Warranties Borrower represents and warrants as follows:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Headings The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

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