Common use of Local Conditions Clause in Contracts

Local Conditions. The Design\Builder understands that the Owner does not warrant that the various and sundry materials and information, including, for example, soil tests, bore reports, utility locations and other such data or as-builts, in the case of renovation of or addition to existing facilities, reflect actual conditions, provided, however, that the Owner shall provide Design/Builder with all known documentation of such conditions in its possession. The Design/Builder warrants that it has examined the site and conducted such tests and examinations as required by Owner. That being the case, should concealed conditions which could not be reasonably foreseen through testing or other site examination be encountered in the performance of the Work, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encountered, there shall be equitable adjustment in the GPM for any extra work necessitated thereby, and, if necessary, the Contract Time may be adjusted.

Appears in 9 contracts

Samples: Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Community Park Play Structure, Design/Build Agreement Replacement Playground Structures

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