Unanticipated Conditions. If any unanticipated conditions exist or arise at the site where the Turnkey Services are being provided that could not reasonably have been anticipated or discovered by PG&E (such as Hazardous Materials, environmental conditions or pollution) and that would involve the incurrence by PG&E of any expenses to correct such conditions, PG&E may cease work and request that Customer mitigate such circumstances or it may submit a request for a modification of the work order to cover any corrective work and payment of related expenses. The Parties will negotiate a modification to the work order which is agreeable to both Parties. If the Parties are unable to reach agreement PG&E will suspend its performance under the applicable work order until such time as the disagreement has been resolved pursuant to the Dispute Resolution process set forth in Section III.C. and the modified work order has been executed by both Parties.
Unanticipated Conditions. Contractor has conducted a full and complete visual inspection of each Site, including (a) the readily apparent surface conditions of any areas where a System will be installed in or on the ground, including areas where utilities are located such as manhole covers, pull boxes, marked underground service areas, etc., (b) all staging, storage, delivery, and other areas necessary to perform the Work,
Unanticipated Conditions. If Contractor discovers or becomes aware of existing site conditions or other considerations which would preclude Contractor from installing the proposed system, (such conditions include, but are not limited to toxic or other hazardous materials, flooding considerations, the presence of rare or endangered species, permitting and/or zoning requirements, and liens or other legal considerations), then Contractor will notify District of such conditions and the costs associated with correcting such conditions. The ability of the structure to support the System and current structural loading capacity of the proposed installation location are specifically excluded from such unanticipated conditions. Contractor shall request a Change Order in accordance with Section 2.4. In no case shall Contractor be under any obligation to install the System if the Parties cannot come to mutually agreeable terms to resolve the unanticipated conditions.
Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site, including but not limited to environmental conditions, pollution, or archeological findings, which conditions would involve the incurrence by Generator of any expenses to correct such conditions, Generator shall submit a request for approval of the corrective work and payment related to any expenses to Customer, or Customer may perform the corrective work with its own forces or contractors. The additional work resulting therefrom shall be paid for by Customer. Customer may terminate the Agreement if it determines not to proceed with the cost of performing the corrective work, in which case Customer shall reimburse Generator for its actual costs incurred through the termination date. Customer shall not be responsible for such unusual or unanticipated conditions, which would have been anticipated by Generator when it completed due diligence pursuant to its obligations in Section 4.1.4.
Unanticipated Conditions. Contractor has conducted a full and complete visual inspection of the Site, including: (a) the readily apparent surface conditions of any areas where the System will be installed in or on the ground, including areas where utilities are located such as manhole covers, pull boxes, marked underground service areas, etc.; (b) all staging, storage, delivery, and other areas necessary to perform the Work; (c) ingress to and egress from the Site for all supplies, personnel and Equipment; and (d) all as-built drawings, Site layout, easement and other documentation provided by Customer to Contractor as set forth in Exhibit C and Exhibit H. Contractor will document and provide to Customer all findings in regard to the aforementioned inspection within thirty (30) days of completion of documentation in Exhibit H. If any conditions exist, arise or are discovered at the Sites that differ materially from: (i) the information contained in the documents referenced in Exhibit C and Exhibit H; (ii) the assumption that the soils at the Sites are Class 1, 2, or 3 as defined in the 2010 California Building Code; or (iii) those conditions that Contractor discovered or should have reasonably discovered based on the inspections set forth in the first sentence of this Section 2.4, including without limitation, conditions, related to Hazardous Materials or archeological findings, soils conditions, or subsurface obstructions, and involve the incurrence by Contractor of any material expenses to correct or accommodate such conditions (hereinafter, “Unanticipated Condition”), Contractor shall submit a request for approval of a Change Order and payment of the related expenses to Customer. Customer and Contractor may mutually agree to reduce portions of the Work to offset the Change Order request to comply with Customer budget limits.
Unanticipated Conditions. If prior to or during Improvement installation, Contractor finds pre-existing conditions which without remedy prevent installation of improvements, Contractor will issue a change order which must comply with 3.1.3 above and be approved by Program Operator. Attachment B Rental Notice for On-Xxxx Efficiency Improvements Partner Utility installed resource efficiency upgrades in this building to make it less expensive to operate. For the utility to recover its costs, a program charge is included on this location’s water xxxx. The estimated annual utility savings are significantly greater than the annual charges. Read below to understand what this means. Landlords should ask you to sign a copy of this form prior to signing a rental agreement for this premise and then send it to Operator to prove you received this notice. Property Address: Unit #: Meter ID #: Most Recent Member Account #: The efficiency improvements (Improvements) installed in this location mean it will be less expensive to live here. Whoever pays the utility bills at this location will benefit from the savings and pay a charge on their water bills until your water utility recovers its costs for installing these Improvements. Your utility xxxx savings are estimated to be significantly greater than the charges. Depending on the Improvements installed, the resulting savings may reduce your water, sewer, electric, or gas bills. If you decide to rent the premises with these lower utility bills, you acknowledge your water utility will require that you pay for these Improvements while you benefit from the savings, until you close the account, the Improvements stop working, or your water utility recovers all its costs, whichever comes first. Utility may use its authorized collection practices, including disconnection for non-payment, to ensure payment obligations are met. Pre-payment of unbilled charges is not permitted. What Kind of Savings Should I Expect? Monthly Estimated Est. Net Charge Savings Savings
Unanticipated Conditions. If prior to or during Improvement installation, Contractor finds pre-existing conditions which without remedy prevent installation of improvements, Contractor will request a Change Order which must comply with 3.1.3 above and be approved by Program Operator. FOR PROGRAM OPERATOR USE ONLY: CHANGE ORDER REVISION # REQUESTED (DATE). Name Signature Date Water Upgrades $ave Change Order This Change Order is required to be completed if the Customer and/or Contractor requests changes to the Improvements identified in the original Agreement and those changes are approved by the Program Operator. If Operator is not available to address Customer or Owner inquiries regarding these approved efficiency Improvements, please contact Utility at: [Utility Name; Utility Email/Phone] Table 1. Customer and Contractor Information CUSTOMER Name: PROJECT Service Address: CUSTOMER Account #s: CUSTOMER Mailing Address: CUSTOMER Email: CUSTOMER Telephone: Onsite Contact: Contact Phone Number: CONTRACTOR Name: CONTRACTOR Installer Name: CONTRACTOR Phone Number: Table 2. Revised Program Improvements These Improvements were approved for installation by Program Operator on (date) . Improvement e.g.: showerhead model/brand Installed Location e.g.: master bath Installed Improvement Performance Performance of Existing Fixture Unit Cost Eligible for Program Available Rebate Total Cost Eligible for Efficiency Charge The total of on-xxxx charges to be paid over the cost recovery period is $ and includes Improvement costs of $ , a Program Operator charge of $ , a Utility Fee of $ , and a Program administration charge of $ . UTILITY PAYMENT to CONTRACTOR: UTILITY PAYMENT to PROGRAM SUPPLIER(S):_ CUSTOMER MONTHLY EFFICIENCY CHARGE: CUSTOMER CO-PAYMENT to CONTRACTOR: Estimated Utility Savings per month: Cost Recovery Period (months): Estimated NET Savings per month: Number of Billing Periods:
Unanticipated Conditions. If prior to or during Improvement installation, Contractor identifies pre-existing conditions which, without remedy, would prevent the installation of Improvements, that must be noted here. Pre-existing condition(s) preventing installation: □ Improvements not installed because: □ Improvements installed after Contractor: SIGNATURES Customer Name Signature Date Owner Name Signature Date Contractor Name Signature Date Program Operator Name Signature Date Exhibit G: Program Operator Scope of Services The most current version of the Program Operator Scope of Services is provided below for internal reviews. Versions of this exhibit that would be tied to an executed version of the Master Agreement should be on file on the website: [PROGRAM URL]. Note: This Program Operator Scope of Services will be included as an Exhibit to the agreement between the selected vendor and the Sonoma County Regional Climate Protection Authority (RCPA), the Association of Bay Area Governments’ (ABAG) contracted Bay Area Regional Energy Network (BayREN) member agency that is leading implementation of Water Upgrades $ave. will serve as the initial Program Operator (Operator) for the Sonoma County Regional Climate Protection Authority and Association of Bay Area Governments’ (ABAG) program Water Upgrades $ave (Program) and will be the Operator for all Program activity for the term of this Agreement. This Scope of Services identifies the roles, responsibilities, and other anticipated work that will be performed by the Operator. In addition to this Scope of Services, additional guidance for Program operation is detailed in the Water Upgrades $ave Program Manual (Program Manual). RCPA will notify Operator of any changes to the Program Manual at least 30 days before the change(s) goes into effect. If Operator finds any conflict between either this Agreement and Scope of Services and the Program Manual, the Operator will immediately notify RCPA for written clarification. PROGRAM OBJECTIVE The program objective is to make water conservation easy with an inclusive financing on‐bill offer that eligible utility customers accept and trust. Between 2020 and 2025, the program aims to enroll 16 water utilities and install projects at over 8,600 single family properties and in 2,580 multifamily units. Operator will be responsible for daily implementation of the Program. This includes services to meet the following individual objectives: Work in partnership with RCPA, the Association of Bay Area Gove...
Unanticipated Conditions. Pursuant to X.X. x. 30, §39N, if, during the progress of the Work, the Contractor or the City discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, either the Contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from the Contractor, or upon its own initiative, the City shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the Work or a change in the construction methods required for the performance of the Work which results in an increase or decrease in the cost of the Work, the City shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly, or the City may choose to terminate this Contract pursuant to Article XV, hereunder.
Unanticipated Conditions. 7.1 Should ECI encounter any conditions at the premises of a Customer which were not reasonably anticipated or which increase the risk involved in ECI’s completion of its obligations under this Agreement, upon notice to Customer, ECI may, in its sole discretion: (a) continue to perform under the Agreement; (b) suspend activities and prepare a change order request prior to proceeding; or (c) terminate all Services under the Agreement. Such termination shall not be a breach of this Agreement by ECI.
