Common use of CONCEALED CONDITIONS Clause in Contracts

CONCEALED CONDITIONS. a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor is responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to Contractor. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by Contractor, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the Contractor. d. Contractor shall promptly, but in no case more than ten (10) days from discoveryand before the conditions are disturbed, notify the Village in writing of: i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract and which were not known by Contractor or could not have been discovered by careful examination and investigation of the site of the proposedwork. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the Contract. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor and could not have been discovered by careful examination and investigation of the Project site. iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Contractor shall continue performance of the work. No claim by the Contractor for a change in the Contract Amount or Times shall be allowed unless the required written notice is given and the Village is given adequate opportunity to investigate the conditions encountered prior to any disturbance thereof.

CONCEALED CONDITIONS. a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor is responsible for verifying the accuracy of all locations. If as a result of such verification, utilities require relocation or rerouting Contractor shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to Contractor. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by Contractor, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the Contractor. d. Contractor shall promptly, but in no case more than ten (10) days from discoveryand discovery and before the conditions are disturbed, notify the Village in writing of: i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract Documents and which were not known by Contractor or could not have been discovered by careful examination and investigation of the site of the proposedworkproposed work. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the ContractContract Documents. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the ContractContract Documents, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor and could not have been discovered by careful examination and investigation of the Project site. iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Contractor shall continue performance of the work. No claim by the Contractor for a change in the Contract Amount or Times shall be allowed unless the required written notice is given and the Village is given adequate opportunity to investigate the conditions encountered prior to any disturbance thereof.

CONCEALED CONDITIONS. a. Contract Drawings showing Before construction is initiated, PPAC and/or its subcontractors shall visit the approximate location of existing OFFTAKER’s site and new utility linesfamiliarize itself with the local conditions under which Work is to be performed. Unless specifically stated and included in a PPAC Addendum or Appendix to this agreement, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor PPAC is not responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to Contractor. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by Contractor, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the Contractor. d. Contractor shall promptly, but in no case more than ten (10) days from discoveryand before the conditions are disturbed, notify the Village in writing of: i. Subsurface subsurface or latent physical conditions or any condition encountered at the OFFTAKER’s site which or in an existing structure that would prohibit installation of the Solar Facility and that differ materially from those indicated in the Contract and which were (a) readily visible or specified on OFFTAKER provided drawings, or (b) not known by Contractor or could not have been discovered by careful examination and investigation of the site of the proposedwork. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the Contract. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor and could not have been discovered by careful examination and investigation of the Project site. ivcharacter provided for in this Agreement. Conditions under (b) include extensive rock, or buried debris, underground piping, structures, or hazardous materials. If the Village determines that changed any of these concealed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warrantedencountered, the Contractor shall continue parties agree that the condition will increase the time of performance of the work. No claim by Work under this Agreement, and/or may result in costs to the Contractor for OFFTAKER to cure OFFTAKER’s site concealed conditions and the parties shall sign a change in order addendum incorporating the Contract Amount or Times scope and cure of said conditions. Notwithstanding, if such concealed conditions are encountered, the OFFTAKER may terminate this contract with cause as to the particular site at which the concealed condition has been discovered. PPAC shall be allowed unless entitled to recover from OFFTAKER payment not to exceed $36,000 per occurrence for all work performed at the required written notice is given affected site, including normal overhead and a reasonable profit up to the Village is given adequate opportunity time at which the concealed condition was discovered. Concealed conditions of OFFTAKER’s site may arise from an inability of the OFFTAKER to investigate provide PPAC with site drawings or other documentation preventing PPAC from properly determining the conditions encountered prior structural integrity of the site and its ability to any disturbance thereofallow PPAC’s work to be performed.

CONCEALED CONDITIONS. a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor is responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to Contractor. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by Contractor, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the Contractor. d. Contractor shall promptly, but in no case more than ten (10) days from discoveryand discovery and before the conditions are disturbed, notify the Village in writing of: i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract and which were not known by Contractor or could not have been discovered by careful examination and investigation of the site of the proposedworkproposed work. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent asinherent in the work provided for in the Contract. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor and could not have been discovered by careful examination and investigation of the Project site. iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Contractor shall continue performance of the work. No claim by the Contractor for a change in the Contract Amount or Times shall be allowed unless the required written notice is given and the Village is given adequate opportunity to investigate the conditions encountered prior to any disturbance thereof.

CONCEALED CONDITIONS. a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor Consultant is responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor Consultant shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor Consultant will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor Consultant fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to ContractorConsultant. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by ContractorConsultant, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the ContractorConsultant. d. Contractor Consultant shall promptly, but in no case more than ten (10) days from discoveryand before the conditions are disturbed, notify the Village in writing of: i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract and which were not known by Contractor Consultant or could not have been discovered by careful examination and investigation of the site of the proposedwork. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the Contract. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor Consultant and could not have been discovered by careful examination and investigation of the Project site. iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Contractor Consultant shall continue performance of the work. No claim by the Contractor Consultant for a change in the Contract Amount or Times shall be allowed unless the required written notice is given and the Village is given adequate opportunity to investigate the conditions encountered prior to any disturbance thereof.

CONCEALED CONDITIONS. a. Contract Drawings showing the approximate location of existing and new utility lines, if any, have been identified and located as accurately as possible using readily available information. However, the Contractor Engineer is responsible for verifying the accuracy of all locations. If utilities require relocation or rerouting Contractor Engineer shall notify the Village and cooperate with the Village to make the required adjustments. b. If utility service which is shown on the Drawings is interrupted for any reason, Contractor Engineer will work continuously to restore such service to the satisfaction of the Village at no additional cost to the Village. Should Contractor Engineer fail to proceed expeditiously with appropriate repairs, the Village shall have the right to have any needed repairs completed and the cost of such repairs shall be deducted from any amount due or to become due to ContractorEngineer. c. If utility service, which is not shown or which is misidentified on the Drawings, the existence or proper location of which could have been discovered by careful examination and investigation of the Project site by ContractorEngineer, is interrupted for any reason, the entire cost to restore service to the satisfaction of the Village shall be paid by the ContractorEngineer. d. Contractor Engineer shall promptly, but in no case more than ten (10) days from discoveryand discovery and before the conditions are disturbed, notify the Village in writing of: i. Subsurface or latent physical conditions or any condition encountered at the site which differ materially from those indicated in the Contract and which were not known by Contractor Engineer or could not have been discovered by careful examination and investigation of the site of the proposedwork. ii. Unknown and unexpected physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered in the locale or generally recognized as inherent in the work provided for in the Contract. iii. Concealed or unknown conditions in an existing structure which are at variance with the conditions indicated by the Contract, which are of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work and which were not known by the Contractor Engineer and could not have been discovered by careful examination and investigation of the Project site. iv. If the Village determines that changed conditions do not exist or are not materially different and no adjustment in the Contract Amount or time is warranted, the Contractor Engineer shall continue performance of the work. No claim by the Contractor Engineer for a change in the Contract Amount or Times shall be allowed unless the required written notice is given and the Village is given adequate opportunity to investigate the conditions encountered prior to any disturbance thereof.