Unforeseen Site Conditions. Subcontractor represents that it has visited the Project site and is familiar with the nature of construction in the general area where the site is located, including site conditions. Subcontractor shall make no claims for differing site conditions except as authorized in the Contract Documents. If Subcontractor presents a claim to Contractor for differing site conditions, Contractor will in good faith present a like claim for compensation and/or a time extension (where applicable) to the Owner so long as Contractor believes in good faith that there is a reasonable basis for Subcontractor's claim. Contractor shall have no obligation to compensate Subcontractor for any claim for a differing site condition unless and until Owner compensates Contractor for such condition, and Subcontractor shall not receive an extension of time for a differing site condition unless Contractor receives a like extension of time from the Owner. Contractor's liability to Subcontractor for differing site conditions shall be limited to Owner's liability to Contractor for any costs or time allegedly incurred by Subcontractor (unless Contractor refuses to present a like claim to the Owner for consideration).
Unforeseen Site Conditions. 2.05.1 If the Contractor discovers one or both of the following physical conditions of the surface or subsurface at the Project site, before disturbing the physical condition, the Contractor shall promptly notify the Authority of the physical condition in writing:
(a) A subsurface or other latent physical condition at the site differs materially from the condition indicated in the Contract Documents.
(b) A previously unknown physical condition at Project the site is of an unusual nature differing materially from conditions ordinarily encountered and generally recognized as inhering in work of the character provided for in the Agreement.
2.05.2 If the Authority receives a notice under Section 2.04.1, the Authority shall promptly investigate the physical condition.
2.05.3 If the Authority reasonably determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the Authority’s determination shall be made in writing and an equitable adjustment shall be made and the Agreement modified in writing accordingly.
2.05.4 The Contractor cannot make a claim for additional costs or time because of a physical condition unless the Contractor has complied with the notice requirements of Section 2.05.1. The Authority may extend the time required for notice under Section 2.05.1.
2.05.5 The Contractor cannot make a claim for an adjustment under the Agreement after the Contractor has received the final payment under the Agreement.
Unforeseen Site Conditions. The Project Contingency may be utilized only to pay for the costs for changes or extra work due to:
Unforeseen Site Conditions. Without prejudice to Clause 10.3 above, if during the execution of the Project, the Concessionaire encounters any adverse physical conditions, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, the Concessionaire may seek a Variation in accordance with Article
Unforeseen Site Conditions. In the event CMR discovers an Unforeseen Site Condition, then CMR shall promptly, and before the Site conditions are disturbed, notify the Judicial Council in writing with details of the Unforeseen Site Condition. The Judicial Council will promptly investigate the Unforeseen Site Condition, and if the Judicial Council determines that the Site condition materially differs from the Contract Documents and will cause an increase or decrease in the CMR's cost of, or the time required for, performance of any part of the Work, whether or not changed as a result of the Unforeseen Site Condition, a Change Order will be issued in accordance with the applicable provisions herein.
Unforeseen Site Conditions. Without prejudice to Clause 10.4 above, if during the execution of the Project, the Concessionaire encounters any adverse physical conditions, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, including as a result of a failure by any contractor appointed by the Authority to rehabilitate the Site or level the Site prior to its handover to the Concessionaire, the Concessionaire may seek a Variation in accordance with Clause 31.3. Upon receipt of a request for a Variation due to unforeseen Site conditions, if, in the opinion of the Independent Engineer, such conditions could not have been reasonably foreseen by a prudent developer acting in accordance with Good Industry Practices or if such conditions are the result of the Authority not having fulfilled its obligations under the Agreement, in each case as evidenced by a notice issued by the Independent Engineer to the Authority and the Concessionaire, then Authority shall issue a Variation Order in accordance with Article 31. Any decision of Authority regarding the existence of any unforeseen Site conditions shall be final and binding.
Unforeseen Site Conditions. Conditions actually encountered on the Site that were reasonably unforeseeable based on all the information available to Contractor prior to the Parties agreeing to the Guaranteed Project Cost, and that are one (1) or more of the following:
1.1.44.1. Subsurface or latent physical conditions at the Site differing materially from those indicated in any information provided to the Contractor by the Distirct and/or Architect, including the Plans and Specifications; or
1.1.44.2. Unknown physical conditions at the Site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents; or
1.1.44.3. Unknown Hazardous Materials on the Site.
Unforeseen Site Conditions. In the event any conditions which are, or may be, protected under applicable Law or the Permits or any archeological resources or any other man-made or naturally occurring condition contained at the ground surface and below the surface of an area which pertains to the Work in which Contractor is permitted to dig pursuant to a dig permit, are found at the Site that differ materially from those set forth in the Information provided by the Owner regarding the Site (each such materially differing condition, an “Unforeseen Site Condition”), Contractor shall promptly notify Owner of such Unforeseen Site Condition and Owner and Contractor shall agree upon a plan to address or mitigate such condition. Any Change Orders required to address or mitigate an Unforeseen Site Condition shall be subject to the provisions of ARTICLE 7.
Unforeseen Site Conditions. Customer will be responsible for any work, and all related costs arising due to unforeseen conditions at the Property or Customer-caused matters, including: (i) unforeseen site conditions (e.g. – hazardous or archeological materials at the Site); (ii) changes to the Scope of Work directed by Customer; and (iii) corrections of pre-existing code violations at the Property. Seller may require Customer to perform and pay for such additional work or Seller may perform such additional work and charge the Customer therefor. Seller shall provide documentation of charges invoiced by Seller under this Section; and Customer shall all undisputed portions of any invoiced charges under this Section within 15 days after invoice delivery to Customer.
Unforeseen Site Conditions. If, after the Maintenance Depots are handed over the Operator in accordance with this Article 10, the Operator encounters any adverse physical conditions at the Licensed Premises, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, the Operator may seek a Change of Scope in accordance with Article 15. Upon receipt of a request for a Change of Scope due to unforeseen conditions relating to the Licensed Premises, if, in the opinion and sole discretion of the Authority, such conditions could not have been reasonably foreseen by a prudent developer acting in accordance with Good Industry Practices, then the Authority shall issue a Change of Scope Order in accordance with Article 15. Any decision of the Authority regarding the existence of any unforeseen conditions relating to the Licensed Premises shall be final and binding.
