Unforeseen Conditions. In the event unforeseen conditions require an increase in the Owner's cost obligation of fifteen percent (15%) or more of the Agreement Sum, this Agreement will be modified or amended to reflect said increase. In the event it is determined that any change from the description of Work contained in this Agreement is required, written approval must be secured from the Owner prior to the beginning of such work. Reimbursement for increased work and/or substantial change in the description of Work shall be limited to costs covered by written modification, change order, or extra work order approved by the Owner and subject to Appendix G (Change Order Pricing) and Appendix H (Change Order Request Form).
Unforeseen Conditions. “Unforeseen Site Conditions” shall mean and include any subsurface, concealed or latent conditions, including without limitation the presence of hazardous materials, that differ materially from those conditions (i) actually known by Design/Builder, (ii) accurately reflected in available existing data, (iii) expected based on the results of Design/Builder’s Site Investigation, and/or (iv) that would have been identified, discovered and/or confirmed by the exercise of reasonable due diligence in Design/Builder’s Site Investigation. In the event Design/Builder encounters Unforeseen Site Conditions at the Project Site or that otherwise impact the Project, Design/Builder shall notify Public Agency of such conditions promptly and before such conditions are further disturbed, but in no event later than three (3) business days after observing such conditions. To the extent Design/Builder incurs additional costs or delays as a result of Unforeseen Site Conditions, the Parties shall execute a Change Order reflecting an equitable adjustment to the Project Fee and/or the Completion Date, as appropriate.
Unforeseen Conditions. Contractor shall promptly, and before such conditions are disturbed, notify SFWPA in writing of (1) any hazardous waste, (2) any subsurface or latent conditions differing from those indicated, or (3) any unknown and unusual conditions not ordinarily encountered or inherent in the work.
Unforeseen Conditions. If Customer fails to properly xxxx or identify a private utility or facility or other underground obstruction, and damage occurs in connection with GPC’s Activities, Customer agrees that, as between Customer and GPC, Customer will bear sole responsibility and that GPC will have no liability for any damage or resulting delay. Customer also acknowledges that the estimated charges shown on Page 1 include no allowance for any subsurface rock, wetlands, underground stream, buried waste, unsuitable or unstable soil, underground obstruction, archeological artifact, burial ground, threatened or endangered species, hazardous substance, etc. not properly identified and marked by Customer (“Unforeseen Condition”). If an Unforeseen Condition is encountered, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the Unforeseen Condition or agrees to reimburse all GPC expenses arising from the Unforeseen Condition. Customer will bear all costs of any Equipment modification or change requested by Customer or dictated by Unforeseen Conditions or circumstances outside GPC’s control.
Unforeseen Conditions. If it is an administrative decision that a building be closed for unforeseen conditions, no employee shall be required to take annual leave.
Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above.
Unforeseen Conditions. The Contractor shall notify in writing the Owner’s Authorized Representative immediately but no later than ten (10) days after Contractor first knows or reasonably should have known of differing site conditions. Contractor shall to the extent possible without further disturbance of the specific area, perform other work while the unforeseen conditions are being investigated. The Owner’s Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the Contract Documents or those which could reasonably be expected in execution of this particular Contract. If Contractor and the Owner’s Authorized Representative agree that a differing site condition exists, any additional compensation or additional Contract Time will be determined based on the process set forth in Section 4.A.8 for Change Order Work.
Unforeseen Conditions. If Subcontractor encounters conditions at the Project site which are a) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Subcontract Documents, or b) an unknown physical condition of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Agreement or (c) conditions which differ materially from those which should have been discovered if Subcontractor had performed the investigations, testing or inspections required to be performed by XYZ under the Prime Contract which Subcontractor agreed to perform pursuant to Section 1.3 above (in each case, an "Unforeseen Condition"), then Subcontractor shall deliver to XYZ notice of the Unforeseen Condition promptly before it is disturbed and in no event later than twenty-four (24) hours after first observance of the conditions. If the Prime Contract provides for procedures governing the discovery of an Unforeseen Condition, XYZ and Subcontractor shall comply with those procedures. To the extent the Prime Contract does not provide those procedures, the following shall apply: XYZ shall cause a prompt investigation of the Unforeseen Condition, which may in XYZ's discretion include a request to Owner and/or Architect to undertake the investigation. Provided that the Unforeseen Condition was not discoverable during the course of Subcontractor's review and investigation of the Agreement and field conditions pursuant to Section 1.3 above, and if XYZ, or Owner and Architect, as the case may be, determines the conditions at the Project site differ materially and causes an increase or decrease in the Subcontractor's cost of, or time required for, performing any part of the Work, an adjustment will be made to the Subcontract Price or time for performing the Work, or both, subject to allowability per the Prime Contract. The amount of the adjustment to the Subcontract Price and or time for performance of the Work, if any, shall in any event be limited to the amount of additional costs and or time which XYZ receives from Owner on Subcontractor's behalf based upon the claim submitted by Subcontractor. If XYZ, Owner, or Architect, as the case may be, determines that the conditions at the Project site are not materially different from those indicated in the Subcontract Documents or from those which should have been discovered by Subcontractor by performing...
Unforeseen Conditions. If Developer encounters or discovers any unforeseen or concealed condition, or any other condition which is at variance with or not anticipated by the Plans, Developer shall suspend the Work and immediately notify the District. Developer shall comply with the District’s instructions, which, upon request by Xxxxxxxxx, will be confirmed in a writing (including e-mail), as to resolving the unforeseen or concealed condition prior to re-commencing the Work. In instances where soil or ground stability is in question the Developer shall be responsible to provide all necessary geo-technical and engineering reports and analyses. If at any time during construction of the Work the District determines that the area in which any of the water mains and related facilities and appurtenances thereto are being installed is not a safe or suitable location, it will be the Developer’s responsibility to relocate the water mains and related facilities and appurtenances to an alternate location as the District shall reasonably determine after consultation with and input from the Developer and its engineer.
Unforeseen Conditions. Should the CM encounter unforeseen conditions at the Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those that are reasonably foreseeable or ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the CM shall immediately, and in no event more than three (3) days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the GMP resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made by the CM or made available for the CM’s review or that could have been discovered by the CM through the performance of its obligations pursuant to the Contract Documents or through reasonable Preconstruction investigations or activities. By way of illustration and not limitation, conditions above lay-in ceilings are not a hidden condition, nor are any other conditions that could have been discovered by the CM’s reasonable investigation.
