Site and Subsurface Conditions Sample Clauses

Site and Subsurface Conditions. All information and data shown or indicated in the Contract Documents with respect to un- derground facilities, surface conditions, subsurface conditions or other conditions at or con- tiguous to the landfills are furnished for information only and MIRA does not assume any re- sponsibility for the accuracy or completeness of such information and data. Developer acknowledges and agrees that XXXX does not assume any responsibility for such information and data and that Developer is solely responsible for investigating and satisfying itself as to all actual and existing conditions at the Property(ies), including but not limited to surface conditions, subsurface conditions and underground facilities. Developer has carefully studied all such information and data and Developer has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, inves- tigations, explorations, tests, studies and data concerning conditions (including but not lim- ited to surface conditions, subsurface conditions and underground facilities) at or contiguous to the Property(ies) and all other conditions or factors which may affect cost, progress, per- formance, furnishing or completion of the CEF Development or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction or development of the CEF to be employed by Developer and safety precautions and programs incident there- to. Developer does not consider that any additional examinations, investigations, explora- tions, tests, studies or data are necessary for Developer to conclusively determine, and De- veloper has so determined, that the CEF Development can be performed, furnished and com- pleted in accordance with the terms and conditions of the Contract Documents. In the event that the information or data shown or indicated in the Contract Documents with respect to underground facilities or surface, subsurface or other conditions at or contiguous to the site(s) differs from conditions encountered by Developer during development of the CEF, there shall be no decrease in the Contract Prices and/or no extension of time to perform any Work as a result of such differing conditions, unless MIRA, in its sole and absolute discre- tion, agrees to such increase and/or extension.
Sample 1
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Site and Subsurface Conditions. 4.1 Contractor has visited and carefully examined and inspected the Site and its surroundings and any documents which may be provided by Owner, and, based on such inspections and documents, has satisfied itself as to: the condition of all circumstances affecting the Site and the Work, including the location and nature of the Work, nature of the geotechnical, ground and subsoil, the form and nature of the Site, the subsurface conditions of the Site (both manmade and natural), the location and character of any existing or adjacent work or structures, all conditions of and potential restrictions to Site access, the extent and nature of the Work and materials necessary for carrying out and completing the Work, the general character and accessibility of the Site; the type of equipment and facilities needed before and during prosecution of the Work; the general and local labor conditions under which the Work is to be performed; the presence of construction hazards, if any; the Applicable Laws (including, without limitation, healthcare laws, health laws, safety laws, immigration and security laws, and labor laws); the accommodations Contractor may require; and other general and local conditions which might affect the Work or its performance of the Work or which may affect the Contractor's means, methods, techniques and procedures necessary to construct the Work in strict accordance with the Contract Documents. Contractor assumes the risk of such conditions and will, regardless of such conditions, the expense, or difficulty of performing the Work, fully complete the Work for the Contract Price and within the contract time without further recourse to Owner. Contractor shall not be entitled to any extensions of the completion date in Section 1.2 or to any adjustment of the Contract Price, on grounds of misinterpretation or misunderstanding of any such matter, nor shall it, except as provided in this Contract, be released from any of the risks accepted or obligations undertaken by it under this Contract, or on the grounds that it did not or could not reasonably have foreseen any matter which affects the execution of the Work. Any information which may have been furnished to Contractor by Owner concerning job or subsurface conditions is solely for the convenience of Contractor, and Owner does not warrant and assumes no responsibility whatsoever as to the sufficiency or accuracy of the information provided or that the conditions are or will be as indicated therein.
Sample 1

Related to Site and Subsurface Conditions

  • Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of recognized environmental conditions (as such term is defined in ASTM E1527-13 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related Mortgagee; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated or abated in all material respects prior to the date hereof, and, if and as appropriate, a no further action or closure letter was obtained from the applicable governmental regulatory authority (or the environmental issue affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the identified circumstance or condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x Investors Service, Inc., S&P Global Ratings, acting through Standard & Poor’s Financial Services LLC, Fitch Ratings, Inc. and/or A.M. Best Company; (E) a party not related to the Mortgagor was identified as the responsible party for such condition or circumstance and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To the Mortgage Loan Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition (as such term is defined in ASTM E1527-13 or its successor) at the related Mortgaged Property.

  • Adverse Weather Conditions Except in emergency conditions, the Employer shall not require an employee to work outside under extreme weather conditions.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Hazardous Conditions Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor’s expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and Work performed until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which theretofore may have been accepted.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • Service Conditions Customer acknowledges that in the event of a service issue, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Current Acceptable Use Policy can be found here: xxxx://xxx.xxxxxxxxx.xxx/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to xx@xxxxxxxxx.xxx.

  • Unsafe Work Conditions No Employee shall be disciplined for refusal to work on a job which in the opinion of: (a) A member of a safety committee; or (b) A person designated by a safety committee; or (c) A safety officer after an on-site inspection and following discussion with a representative of the Employer, does not meet the standards established pursuant to the Workers' Compensation Act.

  • HAZARDOUS SUBSTANCE CONDITIONS If a Hazardous Substance Condition occurs, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may at Lessor's option either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to investigate and remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000 whichever is greater, give written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the excess costs of (a) investigation and remediation of such Hazardous Substance Condition to the extent required by Applicable Requirements, over (b) an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with the funds required of Lessee or satisfactory assurance thereof within thirty (30) days following said commitment by Lessee. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such investigation and remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time period specified above, this Lease shall terminate as of the date specified in Lessor's notice of termination.

  • Safe Working Conditions The Employer undertakes to maintain office furniture, equipment, etc., in a practical and safe condition in order to avoid injury to employees or damage to their attire. Employees, for their part and in their own interest, are expected to advise the Employer of any such potentially injurious equipment.

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