Concealed, Unknown and Undisclosed Conditions Sample Clauses

Concealed, Unknown and Undisclosed Conditions. Notwithstanding the completion of any preliminary Site visit as may have been performed by Signify prior to commencement of the Services, Customer acknowledges and agrees that any review performed during or in connection with such Site visit was conducted for the limited purpose of acquiring a basic familiarity with the local, general conditions under which the Services would be completed. Signify therefore makes no representation or warranty as to the completeness or scope of such visit or review, including any identification of existing deficiencies, non-compliance with any applicable building, electrical or construction codes or other applicable laws, or other unknown, concealed, non-readily observable and/or undisclosed conditions (“Concealed, Unknown and Undisclosed Conditions”). The Services do not include nor impose on Signify any duty or obligation to conduct any audit, review, investigation, or evaluation of the Site or related conditions. If Signify actually discovers any conditions at the Site that (a) differ materially from those ordinarily found to exist in properties of a type and condition similar to the Site; (b) are Concealed, Unknown and Undisclosed Conditions or that materially differ from the conditions observed during any preliminary Site visit or information provided by Customer; or (c) constitute Hazardous Materials or Legal Deficiencies, each as defined below, then Signify will promptly provide notice to Customer of such discovered conditions before such conditions are disturbed. If such conditions or materials cause an increase in Signify’s cost of, or time required for, performance of any part of the Services, Signify shall be entitled to a Change Order reflective of such increase in cost and time.
Sample 1
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Related to Concealed, Unknown and Undisclosed Conditions

  • REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 3.1 Each Party hereby represents and warrants to the other Party that, as of the date this Contract Amendment No. 1 is signed and as of the Effective Date of this Contract Amendment No. 1:

  • Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than twenty-one (21) calendar days after first observance of the conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will authorize an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Contractor in writing, stating the reasons. If the Contractor disputes the Owner’s determination, the Contractor party may assert a Claim as provided in Article 15.

  • Claims for Concealed or Unknown Conditions If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4.

  • Representations Warranties and Covenants The Grantors jointly and severally represent, warrant and covenant to and with the Collateral Agent, for the benefit of the Secured Parties, that:

  • Representations, Warranties and Covenants of the Company The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:

  • Representations, Warranties and Covenants of Recipient Recipient represents, warrants and covenants for the benefit of the Grantor as follows:

  • Seller’s Representations, Warranties and Covenants Seller hereby represents, warrants and covenants to Buyer as follows:

  • REPRESENTATIONS, WARRANTIES, AND AGREEMENTS Section 6.01.

  • Representations, Warranties and Covenants of the Corporation The Corporation represents, warrants, covenants and agrees that:

  • WARRANTIES AND UNDERTAKINGS 17.1 Each Party warrants to the other that:

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