Specified Subsurface Conditions and Regulated Site Conditions; Company Sample Clauses

Specified Subsurface Conditions and Regulated Site Conditions; Company. The Company represents and warrants that, as of the Contract Date, it has no knowledge of any Specified Subsurface Condition or Regulated Site Condition other than those disclosed by SRWA or discovered by the Company and disclosed to SRWA prior to the Contract Date. In performing the Design-Build Work, the Company shall exercise due care, in light of all relevant facts and circumstances, to avoid exacerbating any Specified Subsurface Condition or Regulated Site Condition after the location and existence of such condition has been disclosed to the Company or becomes known by the Company through physical observation (including any such observation made during excavations). Upon encountering a Specified Subsurface Condition or Regulated Site Condition, the Company shall provide prompt written notice to SRWA of such condition, which notice shall not be later than five days after such condition is first known to the Company. The Company shall, to the extent reasonably possible, provide such notice before the Specified Subsurface Condition or Regulated Site Condition has been disturbed or altered. The Company shall not be responsible for any Specified Subsurface Condition or Regulated Site Condition and may be entitled to Uncontrollable Circumstance relief as provided in subsection (D). However, if the Company fails to timely provide such notice or exercise due care with respect to such disclosed or known Specified Subsurface Condition or Regulated Site Condition, the scope of the Uncontrollable Circumstances relief may be adjusted as provided by Section 8.3(B) (Mitigation). Regulated Site Conditions shall not include any condition involving Regulated Substances used, stored or otherwise brought to the Sites by the Company or any Subcontractor. The Company shall comply, and shall cause all Subcontractors to comply, with the Contract Standards in using or storing any Regulated Substances on the Sites and shall assume all risks associated with such activities and indemnify, defend and hold harmless SRWA Indemnitees in accordance with and to the extent provided in Section 8.5 (Indemnification by the Company) from and against all Loss and Expense resulting therefrom.
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Related to Specified Subsurface Conditions and Regulated Site Conditions; Company

  • 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.

  • 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.

  • 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.

  • 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.

  • Space Conditions All pipes passing through floors, walls, and ceilings shall be installed with sufficient space between them to permit installation of pipe insulation and floor, wall, and ceiling plates without cutting of insulation or plates. Roughed-in dimensions shall be prepared by the Contractor to accomplish this requirement. The Contractor shall locate all equipment that must be serviced, operated, or maintained in fully accessible positions. This provision includes but is not limited to valves, traps, cleanouts, motors, controllers, switchgear, drain points, filter, access doors, and fire dampers. If spaces, dimensions, or other design conditions do not permit compliance with the present article, the Contractor shall file a request in writing with the Design Professional for additional instructions, furnishing a copy to the Owner.

  • Contract Conditions This section contains conditions which shall be complied with during the performance of this contract. The conditions come in two parts, general conditions and special contract requirements.

  • PROJECT CONDITIONS A. The Grantee agrees to the following Project Conditions:

  • License Conditions Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  • Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.

  • Hazardous Conditions The Contractor and Owner acknowledge that previously unknown hazardous conditions may be uncovered at any job site, and in particular where existing structures are being demolished and/or remodeled to accommodate new construction or to reutilize existing facilities. Should a hazardous condition not involving Hazardous Materials as set forth above be encountered on the Site, and should reasonable safety precautions be deemed by the Contractor in good faith to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous condition, the Contractor shall, upon recognizing the hazardous condition, stop work in the affected area and immediately report the hazardous condition to the Design Professional and Owner in writing. The Owner shall undertake, or shall contract (by Change Order) with the Contractor or contract with a Separate Contractor, to resolve the condition. So long as the hazardous condition did not result from activities or substances brought on the Site by the Contractor, the Contractor is entitled to adjustments in the Contract Time and the Contract Sum as set forth in Paragraph 1.6.1.2 above.

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