Soil Conditions Clause Samples
The Soil Conditions clause defines the responsibilities and expectations regarding the state and suitability of the soil at a construction site. It typically outlines whether the contractor or the owner is responsible for investigating and verifying soil quality, and may require soil testing or reports before work begins. This clause helps prevent disputes by clarifying who bears the risk if unexpected soil issues, such as contamination or instability, are discovered during construction, thereby ensuring that both parties understand their obligations and potential liabilities related to site conditions.
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Soil Conditions. The surface and subsurface condition of the Land is such that it will support the Improvements without present need for additional subsurface excavation, fill, footing, caissons or other installations, and the Improvements have been constructed in a manner which is compatible with the soil conditions at the time of construction.
Soil Conditions. Lessor makes no covenants or warranties respecting the condition of the soil or subsoil or any other condition of the premises.
Soil Conditions. Owner has no actual knowledge that the Property has any slipping, sliding, settling, flooding, ponding or any other grading, drainage or soil problems, except (it will be assumed no known exceptions exist unless they are specified here): None.
Soil Conditions. The soil conditions of each Parcel of Undeveloped Land is not materiality less suitable for construction of commercial, retail or multi-family facilities than the soil conditions of substantially all other properties situated within a five (5) mile radius of the respective Parcel.
Soil Conditions. County makes no covenants or warranties respecting the condition of the soil, or sub‐soil, or any other condition of the premises. Tenant hereby understands and acknowledges that the premises are within the area known as "Ordnance Road Area". It is suspected that the United States army buried former war materials, including without limitation, gas ampoules and ammunition, in and around Ordnance Road Area. Tenant further acknowledges that in the past County has encountered such materials when excavating in areas that comprised the former army Air Field. Tenant further acknowledges that County has made no representations to Tenant as to the risks associated with excavating native versus non‐native soils, nor has County represented to Tenant, what areas of the premises or the Airport have been previously excavated. County represents that it has not withheld and will not withhold from Tenant, and adverse information requested by Tenant in the possession of County relating specifically to the Premises with respect to the condition of the soil, or sub‐soil, or any other condition of the Premises. Tenant hereby releases County from any and all claims Tenant may have against County respecting the condition of the sub‐soil, or any other condition of the Premises, as well as any and all claims Tenant may have against County for the existence of any former war materials buried on or about County property, except and excluding any and all claims relating to or arising from any Hazardous materials, other than any former war materials, which are or were existing, released, or discharged on, to, or in the premises at any time prior to the Commencement Date. Tenant expressly waives the benefits of Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Soil Conditions. In accordance with the provisions of ss.45-508(b) of the District of Columbia Code, according to the "Soil Survey of District of Columbia" (prepared by the United States Department of Agriculture, Soil Conservation Service, and issued July 1976) at page 50 and map sheet 9 at the back of the publication, the condition of the soil of the Real Property is that of "Urban Land" (Ub). Further information concerning the characteristic of the soil and the Real Property may be obtained from a soil testing laboratory, the District of Columbia Department of Environmental Services or the Soil Conservation Service of the Department of Agriculture.
Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City.
Soil Conditions. The parties acknowledge that expansive soils have been identified on the Property. The Seller agrees to contribute financially on a 50/50 basis to the cost of increase for the construction of homes on the Property, up to a maximum contribution of $10,000 per Lot. Seller is currently conducting further soil testing on the Property and shall provide the results of such testing to Buyer. During the Due Diligence Period, Buyer shall investigate the amount of the increased construction costs related to the expansive soils. The Seller contribution shall either be credited against the Purchase Price at Closing or paid from Seller to Buyer within thirty (30) days of Buyer providing reasonable proof of incurring such costs to Seller. This Section shall survive closing.
Soil Conditions. 8.5.1 The Town approvals do not verify or confirm the adequacy of soil conditions including soil contamination and the Developer shall indemnify and save the Town harmless from all actions or claims relating to soil conditions on the Lands.
8.5.2 The Developer shall remove from the Lands any material determined to be hazardous to the satisfaction of the Town and the MOE, prior to commencement of construction of any Services unless otherwise permitted by the Town Engineer.
Soil Conditions. 1.9.1 Lessor shall include the cost of, and be responsible for, certifications of sub soil conditions under footings, floors, paving, etc.