Discovery of Differing Site Conditions Sample Clauses

Discovery of Differing Site Conditions. The Developer and the County recognize the existence of certain surface and subsurface geotechnical conditions at the Project Site, as reflected in the Project Site Geotechnical Exploration Report. Upon discovering an alleged Differing Site Condition and before the condition is further disturbed, the Developer shall promptly, after taking appropriate measures to secure the affected Design- Build Work, notify the County of the alleged Differing Site Condition. The Developer’s notice to the County shall be issued by telephone or in person and followed within 24 hours thereafter by written notice, providing a brief description of why the condition encountered is considered a Differing Site Condition. To the extent possible based on the Developer’s knowledge at the time of such notice, the Developer’s written notice shall describe the specific subsurface geotechnical condition encountered that is alleged to constitute a Differing Site Condition and the measures taken to deal with such Differing Site Condition. Promptly upon, but in no event later than 3 Business Days following receipt of the Developer’s notice, the County will investigate or cause to be investigated the alleged Differing Site Condition set out in the Developer’s notice. Notwithstanding anything set forth in subsection (C) (Relief for Differing Site Conditions) of this Section or in Article 13 (Supervening Event Procedures), no relief based on the occurrence of a Compensation Event shall be allowed for any alleged Differing Site Condition unless the Developer provides the County with notice in accordance with this subsection.
Sample 1
AutoNDA by SimpleDocs
Discovery of Differing Site Conditions. Upon discovering a Differing Site Condition and before the condition is further disturbed, the DBOM Contractor shall immediately, after taking appropriate measures to secure the affected Design-Build Work: (1) stop work in and secure the affected area; and (2) notify the BWS of the alleged Differing Site Condition in accordance with this Section. The DBOM Contractor’s initial notice shall be issued by telephone or in person to the Officer-in-Charge and shall be followed thereafter by written notice provided in accordance with Section 19.2 (Uncontrollable Circumstance Claim Procedures). The written notice shall describe the specific differing conditions encountered, a brief description of why the condition encountered is considered a Differing Site Condition and the measures taken to address the differing conditions. Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 8 - Construction of the Project ​
Sample 1
Discovery of Differing Site Conditions. Upon discovering a Differing Site Condition and before the condition is further disturbed, the Project Company shall immediately, after taking appropriate measures to secure the affected Project Implementation Work: (1) stop work in and secure the affected area; and (2) notify the KRRC Contract Representative of the alleged Differing Site Condition in accordance with this Section. The Project Company’s initial notice to the KRRC Contract Representative shall be issued by telephone or in person and followed thereafter by written notice provided in accordance with Section 14.2 (Uncontrollable Circumstance Claim Procedures). The written notice shall describe the specific differing conditions encountered, a brief description of why the condition encountered is considered a Differing Site Condition and the measures taken to deal with the differing conditions. To the extent the existence of a Differing Site Condition causes or is reasonably expected to cause an increase in the cost or time required for performance of the Project Implementation Work, the Project Company shall be entitled to a Change Order as and to the extent provided in subsection (D) (Relief for Differing Site Conditions) of this Section. Notwithstanding anything set forth in subsection (D) (Relief for Differing Site Conditions) of this Section or in Article 14 (Uncontrollable Circumstances), no Uncontrollable Circumstance relief shall be allowed for any alleged Differing Site Condition unless the Project Company provides the KRRC with notice in accordance with this Section.
Sample 1
Discovery of Differing Site Conditions. Upon discovering an alleged Differing Site Condition and before the condition is further disturbed, the Design-Builder shall immediately, after taking appropriate measures to secure the affected Design-Build Work: (1) stop work in and secure the affected area; and (2) notify the City of the alleged Differing Site Condition. The Design-Builder’s notice to the City shall be issued by telephone or in person and followed within 24 hours thereafter by written notice, providing a brief description of why the condition encountered is considered a Differing Site Condition. Promptly upon receipt of the Design-Builder’s notice, the City will investigate the Project Site conditions. Such notice shall describe the specific ground conditions encountered and the measures taken to deal with the ground conditions. Notwithstanding anything set forth in subsection Section 31.3. or in Article 39, no Uncontrollable Circumstance relief shall be allowed for any alleged Differing Site Condition unless the Design-Builder provides the City with notice in accordance with this subsection.
Sample 1
Discovery of Differing Site Conditions. Upon discovering an alleged Differing Site Condition and before the condition is further disturbed, the Developer shall promptly, after taking appropriate measures to secure the affected Contract Services, notify the City of the alleged Differing Site Condition. The Developer’s notice to the City shall be issued by telephone or in person and followed within 24 hours thereafter by written notice, providing a brief description of why the condition encountered is considered a Differing Site Condition. To the extent possible based on the Developer’s knowledge at the time of such notice, the Developer’s written notice shall describe the specific subsurface geotechnical condition encountered that is alleged to constitute a Differing Site Condition and the measures taken to deal with such Differing Site Condition. Promptly upon, but in no event later than 3 Business Days following receipt of the Developer’s notice, the City will investigate or cause to be investigated the alleged Differing Site Condition set out in the Developer’s notice.
Sample 1

Related to Discovery of Differing Site Conditions

  • Effective Date Conditions This Agreement will become effective on the date (the “Amendment No. 2 Effective Date”) on which each of the following conditions (the “Amendment No. 2 Effective Date Conditions”) is satisfied:

  • Payment Conditions The price of the whole accommodation service booked is always payable by the Guest in advance, at the latest upon arrival in the hotel. Set-off by the Guest is excluded unless the set- off relates to an undisputed or legally confirmed claim. Valid means of payment are cash in Euros, EC card, Master Card, Visa Card, Diners Card and American Express. For payment settlement we use the 3D Secure 2.0 system for secure and additional customer authorisation. For further information on data processing for payment transactions see xxxxx://xxx.xxxxx-xxx.xxx/en/data-privacy/.

  • Extraordinary Events No fault if failure due to an Extraordinary Event

  • Interim Events Since December 31, 2000, except as Previously Disclosed, neither Seller nor its Subsidiaries have paid or declared any dividend or made any other distribution to shareholders or taken any action which if taken after the date hereof would require the prior written consent of Buyer pursuant to Section 5.6 hereof.

  • Determinations to Honor Drawing Requests In determining whether to honor any request for drawing under any Letter of Credit by the beneficiary thereof, the Issuing Lender shall be responsible only to determine that the documents and certificates required to be delivered under such Letter of Credit have been delivered and that they comply on their face with the requirements of such Letter of Credit.

  • Special Conditions A submitted appeal must;

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • Additional Disruption Events (a) Change in Law: Applicable; provided that Section 12.9(a)(ii) of the Equity Definitions is hereby amended by adding the words “(including, for the avoidance of doubt and without limitation, adoption or promulgation of new regulations authorized or mandated by existing statute)” after the word “regulation” in the second line thereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!