Common use of Underground Obstructions Clause in Contracts

Underground Obstructions. Without prejudicing or limiting the provisions of the preceding paragraph (b)(i) or of Section 10.1 (“Project Schedule”), Seller shall be responsible for ascertaining the location of and avoiding damage to all underground installations including without limitation cable, gas, water pipes, telephone lines, and other underground installations, whether the location of the excavation, digging, or trenching required for performance of the Work is fixed by Buyer or by Seller. Seller shall be responsible for all delays, costs, loss and/or expense arising, whether directly or indirectly, from any ground conditions or artificial obstructions or hazards (excluding hazardous materials encountered by Seller during the execution of the Work) including any Work underground or involving excavation that Seller should have been made reasonably aware of based on information available and Seller shall not be entitled to any additional Cost, any extension to the Time for Completion or any increase in the Purchase Price as a result thereof.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase and Sale Agreement

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Underground Obstructions. Without prejudicing or limiting the provisions of the preceding paragraph (b)(i) or of Section 10.1 (“Project Schedule”), Seller shall be responsible for ascertaining the location of and avoiding damage to all underground installations including without limitation cable, gas, water pipes, telephone lines, and other underground installations, whether the location of the excavation, digging, or trenching required for performance of the Work is fixed by Buyer or by Seller. Seller shall be responsible for all delays, costs, loss and/or expense arising, whether directly or indirectly, from any ground conditions or artificial obstructions or hazards (excluding hazardous materials encountered by Seller during the execution of the Work) including any Work underground or involving excavation that Seller should have been made reasonably aware of based on information available and Seller shall not be entitled to any additional Cost, any extension to the Time for Completion or any increase in the Purchase Price as a result thereof.thereof.‌

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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