Unforeseen Subsurface Conditions Sample Clauses

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 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.
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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, 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. 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.

Related to Unforeseen Subsurface Conditions

  • Environmental Condition Except as set forth on Schedule 5.12 to the Information Certificate, (a) to each Loan Party’s knowledge, no properties or assets of any Loan Party or any of its Subsidiaries have ever been used by a Loan Party, its Subsidiaries, or by previous owners or operators in the disposal of, or to produce, store, handle, treat, release, or transport, any Hazardous Materials, where such disposal, production, storage, handling, treatment, release or transport was in violation, in any material respect, of any applicable Environmental Law, (b) to each Loan Party’s knowledge, after due inquiry, no Loan Party’s nor any of its Subsidiaries’ properties or assets have ever been designated or identified in any manner pursuant to any environmental protection statute as a Hazardous Materials disposal site, (c) no Loan Party nor any of its Subsidiaries has received notice that a Lien arising under any Environmental Law has attached to any revenues or to any Real Property owned or operated by a Loan Party or its Subsidiaries, and (d) no Loan Party nor any of its Subsidiaries nor any of their respective facilities or operations is subject to any outstanding written order, consent decree, or settlement agreement with any Person relating to any Environmental Law or Environmental Liability that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Change.

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