Unforeseen Project Site Conditions. 5.2.1 If CM@Risk encounters, during the performance of its Work, concealed or latent physical conditions or subsurface conditions at the Project which (a) materially differ from the conditions indicated in the Contract Documents; or (b) are of an unusual nature which differ materially from the conditions ordinarily encountered and generally recognized as inherent in the sort of work provided for in the Contract Documents, CM@Risk shall immediately provide written notice to Owner apprising Owner of the unforeseen conditions encountered. CM@Risk shall not disturb or modify such conditions without Owner’s prior written consent. Owner shall promptly investigate CM@Risk’s notice of an unforeseen Site condition and advise CM@Risk of its findings and determination.
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Samples: in.nau.edu, Northern Arizona University, Risk Agreement