Surface and Subsurface Conditions Sample Clauses

Surface and Subsurface Conditions. The Subcontractor shall inspect surface and/or subsurface conditions affecting the Subcontract Work to assure that the Subcontract Work will be properly performed in accordance with the applicable Contract Documents. If any remedial work is required to the surface or subsurface, Subcontractor shall immediately notify Contractor in writing. IF SUBCONTRACTOR PERFORMS SUBCONTRACT WORK WITHOUT PROVIDING NOTICE THAT SUCH REMEDIAL WORK IS REQUIRED, SUBCONTRACTOR ACCEPTS ALL SURFACE AND SUBSURFACE CONDITIONS AND WAIVES ANY CLAIMS FOR EXTRA COMPENSATION TO REPAIR OR REMEDY SUCH CONDITIONS OR FOR REPLACEMENT OF THE SUBCONTRACT WORK ARISING OR RESULTING FROM DEFECTS IN THE SURFACE OR SUSURFACE.
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Surface and Subsurface Conditions. BUYER IS ACQUIRING THE ASSETS PRECISELY AND ONLY IN AN “AS IS AND WHERE IS” CONDITION AND ASSUMES THE RISK THAT ADVERSE PHYSICAL CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE PRESENCE OF UNKNOWN ABANDONED OR UNPRODUCTIVE OIL XXXXX, GAS XXXXX, EQUIPMENT, PITS, LANDFILLS, FLOWLINES, PIPELINES, WATER XXXXX, INJECTION XXXXX AND SUMPS WHICH MAY OR MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATION, ARE LOCATED THEREON OR THEREIN, AND WHETHER KNOWN OR UNKNOWN TO BUYER AS OF CLOSING. ON AND AFTER CLOSING, BUYER HEREBY AGREES TO ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH ALL OBLIGATIONS ATTRIBUTABLE, IN ANY WAY, TO THE ASSETS AND ALL LAWS, ORDERS, RULES AND REGULATIONS CONCERNING ALL OF SUCH CONDITIONS, KNOWN OR UNKNOWN, AND FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD THE SELLER PARTIES HARMLESS FOR SAME, INCLUDING, BUT NOT LIMITED TO, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS FOR ANY LIABILITY, ATTORNEY’S FEES, FINES, PENALTIES OR COSTS UNDER ALL ENVIRONMENTAL LAWS, AS DEFINED IN THIS AGREEMENT.
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Surface and Subsurface Conditions. Owner has provided Contractor with the preliminary geotechnical reports (the “Subsurface Reports”) as set forth on Exhibit AA. Contractor’s design set forth in Exhibit A is based upon such Subsurface Reports. Owner has not made and shall make no express or implied warranty to Contractor as to the accuracy and completeness of any subsurface information that has been or may be supplied by Owner to Contractor (including the Subsurface Reports), and Owner shall not be liable for breach of any representation or warranty to Contractor for any such information provided by Owner with respect to the Site. Notwithstanding the foregoing, Contractor has not made any independent inspection of the subsurface conditions nor has it verified the accuracy of the Subsurface Reports. Contractor expressly assumes any and all costs and risks associated with performing the Work as it relates to known subsurface conditions at the Site, including buried structures, and subsurface conditions, to the extent the same are forth in the Subsurface Reports or the Phase I and II environmental site assessment reports described in Appendices Q and R of Exhibit A (“Environmental Reports”), and any subsurface conditions that should have been reasonably expected to exist at the Site based upon the subsurface characteristics of the Site and the results of the Subsurface Reports and Environmental Reports. Contractor acknowledges that Owner and Contractor will be required to provide continued access to certain infrastructure and monitoring xxxxx located on the Site to enable the owner of the nearby Ormet Superfund site to the east of the Site to comply with such owner’s ongoing site monitoring and remediation obligations. To the extent that actual surface or subsurface conditions at the Project Site differ from (i) the subsurface conditions known and disclosed in the Subsurface Reports and Environmental Reports or (ii) known conditions (with Contractor being deemed to have knowledge of all surface conditions existing at the Site as of the date of Contractor’s inspection of the Site, which inspection shall occur not later than thirty (30) days after Owner provides written notice that Owner’s demolition contractor has substantially completed its demolition work, which is targeted for completion by March 15, 2019), including subsurface conditions which are ordinarily encountered and that should have been reasonably expected (in quantity and nature) to exist at the Site based upon the results of the ...
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Surface and Subsurface Conditions. The Subcontractor shall inspect surface and/ or subsurface conditions affecting the Subcontract Work to assure that the Subcontract Work will be properly installed in strict accordance with the Contract Documents. I f any remedial work is required to the surface or subsurface, Subcontractor shall immediately notify Contractor in writing. Subcontractor accepts all surface and subsurface conditions when Subcontractor initiates its Subcontract Work without such notice, and the initiation of the Subcontract Work without such notice constitutes an absolute waiver of any claim for extra compensation for initial work or replacement work subsequently required.
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Surface and Subsurface Conditions. 29 (A) Familiarity with the Site 29 (B) Company Risk 30 SECTION 3.5. ENVIRONMENTAL CONDITION OF THE SITE 30 (A) Phase I Environmental Assessments 30 (B) Discovery of Hazardous Materials Prior to Construction Commencement Date 31 (C) SEPA 31 SECTION 3.6. PRE-EXISTING ENVIRONMENTAL CONDITIONS 31 (A) Company Obligations 31 (B) City Obligations 31 SECTION 3.7. CENTRAL TREATMENT PLANT CONDITION CONFIRMATION 32 (A) Familiarity with the Site 32 (B) “As-Is Condition of Central Treatment Plant and Site 33 SECTION 4.1 COMPANY DEVELOPMENT PERIOD RESPONSIBILITIES 34 (A) Generally 34 (B) Payment for Company Development Period Work 37 SECTION 4.2. CITY DEVELOPMENT PERIOD RESPONSIBILITIES 37 SECTION 4.3. CONSTRUCTION COMMENCEMENT DATE CONDITIONS 37 (A) Commencement Date Conditions Defined 37 (C) Conditions to Governmental Approvals 38 (D) Development Period Meetings 39 SECTION 4.4. CLOSING OF THE DEVELOPMENT PERIOD 39 (A) Satisfaction of Conditions 39 (B) Failure of Conditions 39 (C) Failure of Company to Obtain Approvals Other Than Facilities Plan Amendment 39 (D) Failure of Company to Obtain Approval of Facilities Plan Amendment 40 SECTION 4.5. CITY TERMINATION AND SUSPENSION OPTION DURING THE DEVELOPMENT PERIOD 40 (A) City Convenience Termination Option Prior to Construction Commencement Date 40
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Surface and Subsurface Conditions. [Note to (1) (i) the presence anywhere in, on or under the Site of underground storage tanks, (ii) the presence in any existing structures or pipes of asbestos containing material or lead based paint, and (iii) the presence of any oil, petroleum or petroleum product and any pollutant, contaminant, hazardous substance, hazardous material, toxic substance, toxic pollutant, solid waste, municipal waste, industrial waste or hazardous waste that is defined as such by and is subject to regulation under any Applicable Law requiring special handling or disposal (“Regulated Substances”) anywhere in, on or under the Site (including the presence in surface water, groundwater, soils or subsurface strata), in each case of i-iii, which is beyond that as identified as confirmed or suspected in Schedule 1, Sections 1.2.2.4 and 1.2.2.5 (collectively, “Pre-Existing Environmental Conditions”); (i) subsurface structures, materials or conditions having historical, archaeological, religious or similar significance, (ii) any man-made object or structure, (iii) functioning subsurface structures used by Utility providers on, underneath, near or adjacent to the Site; (iv) any designated wetland, stream, shoreline or other critical area regulated under Applicable Law; (v) any habitat of an endangered or protected species as provided in Applicable Law; and (vi) isolated subsurface geotechnical and soils conditions that both, (a) differ significantly from surrounding materials and (b) would require substantially different foundation types or removal and replacement with more structurally suitable materials, in each case which condition could not have been reasonably anticipated based upon the information disclosed in the Site Related Documents or information otherwise disclosed to the Company as of the Contract Date, (collectively, “Specified Site Conditions”); and (3) (i) the actual condition of all underground pipes and man-made structures to the extent such conditions is materially different than the condition which should have been reasonably anticipated based upon Good Engineering and Construction Practice, (ii) the actual location of all underground man-made structures to the extent such location materially varies
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Surface and Subsurface Conditions 
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Related to Surface 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.

  • 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.

  • 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.

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

  • 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.

  • Groundwater Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geologic formation or structure in which such water stands, flows, percolates, or otherwise moves.

  • 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.

  • 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.

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