Other Unforeseen Conditions Sample Clauses

Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Contractor shall give notice to the Design Professional promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost or time required for performance of any part of the Work, the Design Professional may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Design Professional determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Design Professional shall so notify the Owner and the Contractor in writing, stating the reasons. Protest by either party of the Design Professional’s decision shall be in accordance with Section 5, Part 2.
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Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Design-Builder shall give notice to the Program Manager promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Program Manager shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost or time required for performance of any part of the Work, the Program Manager may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Program Manager determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Program Manager shall so notify the Owner and the Design-Builder in writing, stating the reasons. Protest by either party of the Program Manager’s decision shall be in accordance with Section 5, Part 2.
Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Design-Builder shall give notice to the Executive Administrator promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Executive Administrator shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost or time required for performance of any part of the Work, the Executive Administrator may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Executive Administrator determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Executive Administrator shall so notify the Owner and the Design-Builder in writing, stating the reasons. Protest by either party of the Executive Administrator’s decision shall be in accordance with Section 5, Part 2.

Related to Other Unforeseen Conditions

  • Satisfaction of Conditions The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 shall be conclusively deemed to have been satisfied, waived or released at the Effective Time.

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