Unforeseen Subsurface Conditions Sample Clauses

Unforeseen Subsurface Conditions. If Contractor encounters Unforeseen Subsurface Conditions in the performance of the Work, Contractor shall be entitled to a Change Order adjusting the Guaranteed Mechanical Completion Date to the extent allowed under Section 6.9, provided that Contractor complies with the notice and Change Order request requirements set forth in Section 6.6 and uses all reasonable efforts not to disturb such Unforeseen Subsurface Conditions prior to Owner’s investigation. In the alternative, but subject to Section 6.1E, Contractor may request a change the Scope of Work to address Unforeseen Subsurface Conditions encountered by Contractor.

Unforeseen Subsurface Conditions. If Contractor encounters Unforeseen Subsurface Conditions in the performance of the Work, Contractor shall be entitled to a Change Order adjusting the Guaranteed Mechanical Completion Date to the extent allowed under Section 6.9, provided that Contractor complies with the notice and Change Order request requirements set forth in Section 6.6 and uses all reasonable efforts not to disturb such Unforeseen Subsurface Conditions prior to Owner’s investigation. In addition to the foregoing, if such Unforeseen Subsurface Conditions have an adverse effect on the costs of performing the Work, Contractor may request an adjustment to the Estimated Total Contractor’s Compensation in the reasonable amount of such increased costs, and Owner may accept or reject such request in its discretion. If Owner agrees to adjust the Estimated Total Contractor’s Compensation, such adjustment will be set forth in a Change Order.

Unforeseen Subsurface Conditions. Contractor will promptly notify owner and or authorized representative in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the contract documents. Owner and or authorized representative will promptly investigate those conditions and advise owner in writing if further surveys or subsurface tests are necessary. Promptly thereafter, owner will obtain the necessary additional surveys and tests and furnish copies to or authorized representative and contractor. If owner and or authorized representative finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the contract documents, a change order shall be issued incorporating the necessary revisions.

Unforeseen Subsurface Conditions. If Contractor encounters Unforeseen Subsurface Conditions in the performance of the Work that adversely affects Contractor’s actual costs (which costs shall be RGLNG T4 – ▇▇▇▇▇▇▇ – Train 4 Amended and Restated EPC Agreement 25 Exhibit 10.1 adequately documented and supported by Contractor) of performance of the Work or ability to perform any material requirement of this Agreement, Contractor shall be entitled to a Change Order adjusting the Contract Price and/or the Key Dates, as applicable, pursuant to Sections 6.2A.5 and 6.8, provided that Contractor complies with the notice and Change Order request requirements set forth in Sections 6.2 and 6.5, uses reasonable efforts not to disturb such Unforeseen Subsurface Conditions prior to Owner’s investigation and, with respect to claims for costs for delay or schedule relief for delay, satisfies the requirements of Section 6.8. Notwithstanding the foregoing, Contractor is responsible for the proper interpretation of the Soils Data, including in accordance with GECP. C. Applicable Law and Applicable Codes and Standards. Contractor has investigated to its satisfaction Applicable Law and Applicable Codes and Standards and warrants that it can perform the Work at the Contract Price and within the Key Dates in accordance with Applicable Law and Applicable Codes and Standards. Contractor shall perform the Work in accordance with Applicable Law and Applicable Codes and Standards, whether or not such Applicable Law or Applicable Codes and Standards came into effect before April 1, 2025 (with such date extended pursuant to Section 2.6) or during the performance of the Work; provided, however, Contractor shall be entitled to a Change Order for Changes in Law to the extent allowed under Section 6.2A.

Unforeseen Subsurface Conditions. Except for any Changes in Law for which Contractor is entitled to a Change Order under Section 6.2A.7, Contractor hereby waives any right to make any claim for adjustment of the Contract Price or the Key Dates in relation to any change in Applicable Law or Applicable Codes and Standards.