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Latent Conditions Sample Clauses

Latent Conditions. If, during the execution of the work under the Contract, the Contractor encounters on the site or its surroundings, physical conditions (other than climatic conditions or conditions arising there from) including artificial obstructions, which he considers:
Latent Conditions. If TasNetworks accepts that a latent condition exists under clause 5.3(c) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition that TasNetworks accepts exists; (ii) a statement that: (1) any Connection Offer is withdrawn; or (2) the Connection Contract is terminated immediately, whichever is appropriate; (iii) a statement that the Customer may consider negotiating a connection contract with TasNetworks; and (iv) any statement required by law. If TasNetworks becomes aware of a latent condition at any time and TasNetworks has not already been informed by the Customer of the same latent condition under clause 5.3(a): (i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or (ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks. Where TasNetworks becomes aware of a latent condition in accordance with 6.2(b) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition identified and the respects in which that condition differs from the anticipated condition of the site; and (ii) the information as set out under clauses 6.2(a)(ii) to (iv).
Latent Conditions. (a) If during the installation of the EPC Solutions, the Contractor becomes aware of a latent condition that will affect the completion of the installation, the Contractor must (as a condition precedent to any entitlement to additional time or money) forthwith and where possible before the latent condition is disturbed, (and in any event within five business days) give written notice thereof to the Customer and obtain the Customer’s written consent to undertake any action which may cause Contractor any additional cost which the Customer may be liable to pay. (b) The Contractor shall provide in that notice to the Customer a statement specifying: (i) the latent conditions encountered and in what respects they differ materially from the site conditions which should reasonably have been anticipated by a competent and experienced Contractor exercising good industry practice at the date of the Agreement; (ii) the additional work and additional resources which the Contractor estimates to be necessary to deal with the latent conditions; (iii) the time the Contractor estimates will be required to deal with the latent conditions and the expected delay in completion; (iv) the Contractor’s reasonable estimate of the cost of the measures necessary to deal with the latent conditions; and (v) any other details that may be reasonably required by the Customer. (c) Delay caused by a latent condition may justify an extension of time for completion. (d) Subject to clause 2.6(e) if a latent condition causes the Contractor to: (i) carry out additional work; (ii) use additional materials; or (iii) incur extra cost (including, but not limited to, the cost of delay or disruption); which the Contractor did not and could not reasonably have anticipated at the time of tendering exercising good industry practice, the Customer must pay to the Contractor any agreed amount of additional payment in respect of additional costs caused by the latent condition. (e) For avoidance of doubt, Contractor will only be entitled to the additional payment referred to in clause 2.6(d) if: (i) the Contractor has first obtained the Customer’s written consent to undertake the action which contributed to the additional cost; and (ii) the parties have reached an agreement over the amount of the additional cost. (f) Subject to Clause 2.6(g), if the Customer does not wish the Contractor to proceed as notified or the parties cannot agree to the additional costs referred to in clause 2.6(e), the Customer must p...
Latent Conditions. Upon becoming aware of a Latent Condition while carrying out the Works, the Subcontractor must within 5 Business Days of becoming so aware, give Xxxxxxxxx a written notice describing the Latent Condition and an estimate (with supporting details) of any additional cost or time necessary to deal with the Latent Condition. If a Latent Condition causes the Subcontractor to incur additional cost in carrying out the Works, the cost incurred will be assessed by Honeywell and added to the Subcontract Sum (provided that the Subcontractor agrees and acknowledges that it will only be entitled to such adjustment to the Subcontract Sum if the Subcontractor has provided the notice referred to above in this Section within the required time.
Latent Conditions. 35.1 If the Service Provider becomes aware of a Latent Condition, it must give AMSA written notice within 24 hours after becoming aware of the latent condition, including any evidence to identify the Latent Condition. 35.2 As soon as practicable after providing initial written notice to AMSA and no later than 3 Business Days (or as otherwise agreed with the Instructing Officer) after becoming aware of the Latent Condition, the Service Provider shall provide AMSA with the following information: (a) the Latent Condition encountered and in what respects it differs materially from the reasonably expected site conditions. (b) the additional work and additional resources which the Service Provider estimates to be necessary to deal with the Latent Condition; (c) any other consequences that it anticipates may arise from the Latent Condition; (d) the time the Service Provider anticipates will be required to deal with the Latent Condition; (e) the Service Provider’s request for variation outlining the cost of the measures necessary to deal with the Latent Condition; and (f) other details reasonably required by AMSA. 35.3 Upon receipt of a notice described in clause 35.2, AMSA may issue a direction in respect of a Latent Condition, and the Contractor will be entitled to claim an extension of time for delays, and may be entitled to reimbursement of reasonable costs necessarily incurred as a consequence of the latent condition and directions issued for this purpose.
Latent Conditions. 10.1 Latent Conditions are: (a) physical conditions on the Site and its near surrounds which differ materially from the physical conditions which should reasonably have been anticipated by a competent Subcontractor at the time of the subcontractor’s tender if the Subcontractor had inspected: (i) all written information made available by ICG to the Subcontractor for the purpose of tendering; (ii) all information influencing the risk allocation in the subcontractor’s tender and reasonably obtainable by the making of reasonable enquiries (including information available from or through Dial Before You Dig (where relevant)); and (iii) the Site (including existing structure) and its near surrounds; (b) any other conditions which the Subcontract specifies as Latent Conditions; but exclude: (c) weather conditions. 10.2 The Subcontractor, upon becoming aware of a Latent Condition while carrying out the Works, shall as soon as is practicable, and where possible before the Latent Condition is disturbed, give ICG written notice of the general nature of it. 10.3 If required by ICG promptly after receiving that notice, the Subcontractor shall, as soon as practicable, give ICG a written statement of: (a) the Latent Condition encountered and the respects in which it differs materially; (b) the additional work, resources, time and cost which the Subcontractor estimates to be necessary to deal with the Latent Condition; and 10.4 other details reasonably required by ICG. 10.5 Delay caused by a Latent Condition may justify an extension of time under clause 13, provided the Subcontractor has complied with the requirements of clause 13. 10.6 If a Latent Condition causes the Subcontractor to carry out more work, use more construction plant or incur more cost (including but not limited to extra costs for delay or disruption), than the Subcontractor could reasonably have anticipated at the time of entering into the Subcontract, the Subcontractor must seek a direction pursuant to clause 14 in respect of such additional work prior to commencing the work and may make a Variation claim pursuant to clause 14. However the Subcontractor must use all reasonable endeavours to minimise the amount of such a Variation claim.
Latent Conditions. Where remodeling, alteration or rehabilitation work occurs, the Association understands and acknowledges that certain design and technical decisions are made on assumptions based on readily available documents and visual observations of existing conditions and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the community, Association and Consultant agree that the discovery of unanticipated latent conditions may require a renegotiation of the scope of services or a termination of services. Association shall rely on Consultant’s judgment as to the continued adequacy of this Agreement in light of discoveries that were not anticipated or known. If Consultant determines that renegotiation is necessary, Consultant and Association shall in good faith enter into renegotiation of this Agreement to permit Consultant to continue to meet Association’s needs. If renegotiated terms cannot be agreed to, Association agrees that Consultant has the right to terminate this Agreement. If the Agreement is terminated, Association shall pay Consultant for all services conducted and expenses incurred up to and including the date of termination.
Latent Conditions. ARCHITECTURAL SHEET METAL shall not be responsible for additional costs due to the existence of utilities, wet insulation, deteriorated deck or rotten deck, furnace or HVAC lines or other subsurface or latent conditions that are not disclosed in writing to ARCHITECTURAL SHEET METAL prior to the start of the work. The disconnection or reconnection of any mechanical equipment that may be necessary for tAhRe CcoHnIdTitEioCnToUfRthAeLexSiHstEinEgTroMofE.TAARLCtHoIpTeErfCoTrmURthAeLwSoHrkEsEhTallMbEeTpAerLfosrhmaelldnboytiofythOerWs aNnEdRtreAaNteDd /aOsRanGaEdNdiEtiRonAaLl cCoOst,NaTnReAxtCraTcOoRst.ifAsRubCsHurIfTaEceCoTrUlaRteAnLt cSoHnEdiEtiTonMs EarTeAdiLscisovneorterdesrpeqounisriibnlge afodrdiletiaoknsaol rwootrhkeranddamshaaglelsndout ebeto obligated to proceed with the additional work until authorized by the OWNER AND/OR GENERAL CONTRACTOR and the Agreement amount shall be equitably adjusted. ARCHITECTURAL SHEET METAL disclaims liability for such discovered conditions.
Latent Conditions. ‌ This Clause has been amended to make all weather conditions excluded and not just weather conditions at the site. It was arguable that because the words at the site were included in the 1986 edition, that weather conditions which occurred off site and which caused a latent condition on site, e.g. seepage, could be a latent condition. The deletion of the words at the site clarifies that all latent conditions due to weather are exempt from the definition. This approach— • increases clarity of the provision; and therefore • should minimize disputes in this area.
Latent ConditionsIn the event of discovery of one or more latent conditions, OWNER will evaluate impact on Scope of Work and design and notify COMPANY in accordance with Clause 28.