Geotechnical Survey; Subsurface Risk. “Unforeseen Subsurface Conditions” shall mean: (i) subsurface or latent physical conditions at the Project Site, differing materially from those indicated in the Geotechnical Survey, or (ii) previously unknown physical conditions at the Project Site of an unusual nature (including unknown and unexpected archaeological, paleontological or religious sites, places, monuments or areas) or conditions that differ materially from those ordinarily encountered and generally recognized as inherent in work similar to the Work , but excluding in all cases conditions that should have been reasonably known, inferable or discoverable by Contractor based upon the information in the Geotechnical Survey, Contractor’s survey of the Site prior to the Effective Date, or other Owner-provided information. If Contractor encounters any condition that Contractor believes is or may be an Unforeseen Subsurface Condition, Contractor shall notify Owner of the same promptly, but in any event no later than three (3) days after becoming aware of the condition. If the condition at issue is indeed an Unforeseen Subsurface Condition as defined herein and Contractor has delivered such notice within such time period, then Contractor will be entitled to a Change Order to the extent so provided in Section 9.5.1(d). If Contractor fails to notify Owner of such a condition within such three (3) day period, then Contractor shall not be entitled to and will thereby be deemed to have waived its rights to receive any Change Order as with respect to such condition.
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Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
