Unknown and/or Unforeseen Conditions Sample Clauses

Unknown and/or Unforeseen Conditions. If Contractor submits a PCO requesting an increase in Guaranteed Project Cost and/or Contract Time that is based at least partially on Contractor’s assertion that Contractor has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor shall base the PCO on provable information that demonstrates that the unknown and/or unforeseen condition(s) were actually or reasonably unknown and/or unforeseen. If not, the District shall deny the PCO and the Contractor shall complete the Project without any increase in Guaranteed Project Cost and/or Contract Time based on that PCO.
AutoNDA by SimpleDocs
Unknown and/or Unforeseen Conditions. If there is an Allowance, then Developer must submit a Request for Allowance Expenditure Directive, including supporting documentation as described below, to receive authorization for the release of funds from the Allowance. Allowance Expenditure Directives shall be based on Developer’s costs, without overhead and profit, for products, delivery, installation, labor, insurance, payroll, taxes, bonding and equipment rental will be included in Allowance Expenditure Directive authorizing expenditure of funds from this Allowance. No overhead and profit shall be added to the Allowance Expenditure Directive. If cost of the unforeseen condition(s) exceed the Allowance, and Developer submits a PCO for amounts in excess of the Allowance requesting an increase in Guaranteed Maximum Price and/or Contract Time that is based at least partially on Developer’s assertion that Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Developer shall base the PCO on provable information that, beyond a reasonable doubt and to the District’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen. If not, the District shall deny the PCO as unsubstantiated, and Developer shall complete the Project without any increase in Guaranteed Maximum Price and/or Contract Time based on that PCO.
Unknown and/or Unforeseen Conditions. Separate from what is provided in the Allowance, if requests an increase in Guaranteed Maximum Price and/or Contract Time that is based at least partially on Developer’s assertion that Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Developer shall base the PCO on provable information that, beyond a reasonable doubt and to the District’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen and that the condition(s) were reasonably unknown and/or unforeseen. If not, the District shall deny the PCO as unsubstantiated, and the Developer shall complete the Project without any increase in Guaranteed Maximum Price and/or Contract Time based on that PCO.
Unknown and/or Unforeseen Conditions. If Developer submits a COR requesting an increase in Guaranteed Maximum Price and/or Contract Time that is based at least partially on Developer’s assertion that Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Developer shall base the COR on provable information that, and to the District’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen and that the condition(s) were reasonably unknown and/or unforeseen. If not, the District shall deny the COR and the Developer shall complete the Project without any increase in Guaranteed Maximum Price and/or Contract Time based on that COR..
Unknown and/or Unforeseen Conditions. If Contractor submits a COR requesting an increase in Guaranteed Project Cost and/or Contract Time that is based at least partially on Contractor’s assertion that Contractor has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor shall base the COR on provable information that demonstrates that the unknown and/or unforeseen condition(s) were actually or reasonably unknown and/or unforeseen. If not, the District shall deny the COR and the Contractor shall complete the Project without any increase in Guaranteed Project Cost and/or Contract Time based on that COR.
Unknown and/or Unforeseen Conditions. If Designer/Builder submits a PCO requesting an increase in Contract Price and/or Contract Time that is based at least partially on Designer/Builder’s assertion that Designer/Builder has encountered unknown and/or unforeseen condition(s) on the Project, then Designer/Builder shall base the PCO on provable information that demonstrates that the unknown and/or unforeseen condition(s) were actually or reasonably unknown and/or unforeseen. If not, the Customer shall deny the PCO and the Designer/Builder shall complete the Project without any increase in Contract Price and/or Contract Time based on that PCO.
Unknown and/or Unforeseen Conditions. If Contractor submits a COR requesting an increase in Guaranteed Project Cost and/or Contract Time that is based at least partially on Contractor’s assertion that Contractor has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor shall base the COR on provable information that demonstrates that the unknown and/or unforeseen condition(s) were actually or reasonably unknown and/or unforeseen. If not, the District shall deny the COR and the Contractor shall complete the Project without any increase in Guaranteed Project Cost and/or Contract Time based on that COR. Contractor shall submit its COR within five (5) days of the date Contractor discovers, or reasonably should discover, the circumstances giving rise to the proposed change order, unless additional time to submit a proposed change order is granted in writing by the District. Time is of the essence in Contractor's written notice pursuant to the preceding sentence so that the District can promptly investigate and consider alternative measures to address the basis for the COR. Accordingly, Contractor acknowledges that its failure, for any reason, to give written notice (with Supporting Documentation to permit the District's review and evaluation) within this time frame shall be deemed Contractor's waiver, release, discharge and relinquishment of any right to assert or claim any entitlement to an adjustment of the Contract Time or the Contract Price on account of the circumstances giving rise to the COR.
AutoNDA by SimpleDocs
Unknown and/or Unforeseen Conditions. If the Designer/Builder encounters conditions at the Project Sites that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Designer/Builder shall promptly provide notice to the District before conditions are disturbed and in no event later than three (3) working days after first observance of the conditions. The District will promptly investigate the conditions and, if the District determines that they differ materially and cause an increase or decrease in the Designer/Builder’s cost of, or time required for, performance of any part of the Work, Designer/Builder shall be entitled to an equitable adjustment in the Contract Price or Contract Time, or both. If the District determines that the conditions at the Project Sites are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the District shall promptly notify the Designer/Builder in writing, stating the reasons. If Designer/Builder disputes the District’s determination, the Designer/Builder shall perform the Work without any increase in Contract Price and/or Contract Time and may proceed under a reservation of rights.
Unknown and/or Unforeseen Conditions. If there is an Allowance, then Developer must submit a Request for Allowance Expenditure Directive, including supporting documentation as described below, to receive authorization for the release of funds from the Allowance. If cost of the unforeseen condition(s) exceed the Allowance, Developer must submit a COR requesting an increase in Guaranteed Maximum Price and/or Contract Time that is based at least partially on Developer’s assertion that Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Developer shall base the COR on provable information that, to the District’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen and that the condition(s) were reasonably unknown and/or unforeseen. If not, the District shall deny the COR and the Developer shall complete the Project without any increase in Guaranteed Maximum Price and/or Contract Time based on that COR.
Unknown and/or Unforeseen Conditions. If Contractor submits a Proposal for Additional Services requesting an increase in NTP value and/or Contract Schedule that is based at least partially on Contractor’s assertion that it has encountered condition(s) on the Project that it could not reasonably have been expected to discover in performing its “Site Examination” duties herein, then Contractor shall base the proposal on provable information that demonstrates that the hitherto unknown and/or unforeseen condition(s) actually exist. If not, the District may elect not to issue an additional NTP and the Contractor shall complete the Project without any increase in NTP value and/or Contract Schedule.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!