Common use of Not Shown or Indicated Clause in Contracts

Not Shown or Indicated. 11.3.2.1 If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreement), identify Owner of such Underground Facility and give written notice to that Owner and to Owner and Architect. The Architect will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 If Architect concludes that a change in the Contract Documents is required, the appropriate documentation will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefore as provided in this Agreement.

Appears in 11 contracts

Samples: Construction Agreement, Construction Agreement, Design Bid Build Contractor Services

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Not Shown or Indicated. 11.3.2.1 If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Demolition Contractor shall, shall promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreement), identify Owner ) notify the Architect of such Underground Facility and give written notice to that Owner and to Owner and ArchitectFacility. The Architect will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Demolition Contractor shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 If Architect concludes that a change in the Contract Documents is required, the appropriate documentation will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Demolition Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Demolition Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Demolition Contractor may make a Claim therefore as provided in this Agreement.

Appears in 3 contracts

Samples: Demolition Contractor Services Agreement, Demolition Contractor Services Agreement, Demolition Contractor Services Agreement

Not Shown or Indicated. 11.3.2.1 If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreement), identify Owner of such Underground Facility and give written notice to that Owner owner and to Owner and Architect. The Architect will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 If Architect concludes that a change in the Contract Documents is required, the appropriate documentation will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefore therefor as provided in this Agreement.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

Not Shown or Indicated. 11.3.2.1 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreementrequired by paragraph 6.16.A), identify Owner the owner of such Underground Facility and give written notice to that Owner owner and to Owner OWNER and ArchitectARCHITECT. The Architect ARCHITECT will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 2. If Architect ARCHITECT concludes that a change in the Contract Documents is required, the appropriate documentation a Work Change Directive or a Change Order will be issued to reflect and document such consequencesconse- quences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner OWNER and Contractor CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner OWNER or Contractor CONTRACTOR may make a Claim therefore therefor as provided in this Agreementparagraph 10.05.

Appears in 2 contracts

Samples: Contract, Contract

Not Shown or Indicated. 11.3.2.1 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreementrequired by Paragraph 6.16.A), identify Owner the owner of such Underground Facility and give written notice to that owner and Project Administrator. Project Administrator and Owner and to Owner and Architect. The Architect will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 2. If Architect Project Administrator concludes that a change in the Contract Documents is required, the appropriate documentation a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall may be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefore therefor as provided in this AgreementParagraph 10.05.

Appears in 1 contract

Samples: Construction Contract

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Not Shown or Indicated. 11.3.2.1 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor Construction Manager shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreementrequired by Paragraph 6.16.A), identify Owner the owner of such Underground Facility and give written notice to that Owner owner and to Owner and Architect. The Architect will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor Construction Manager shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 2. If Architect concludes that a change in the Contract Documents is required, the appropriate documentation a Construction Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor Construction Manager did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor Construction Manager are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor Construction Manager may make a Claim therefore therefor as provided in this AgreementParagraph 10.05.

Appears in 1 contract

Samples: Construction Manager at Risk Agreement

Not Shown or Indicated. 11.3.2.1 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as defined in this Agreementrequired by Paragraph 6.16.A), identify Owner the owner of such Underground Facility and give written notice to that Owner owner and to Owner and ArchitectEngineer. The Architect Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 11.3.2.2 2. If Architect Engineer concludes that a change in the Contract Documents is required, the appropriate documentation a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefore therefor as provided in this AgreementParagraph 10.05.

Appears in 1 contract

Samples: Basic Form Agreement

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