Common use of Unknown and/or Unforeseen Conditions Clause in Contracts

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.

Appears in 6 contracts

Samples: Site Lease, Master Site Lease, Master Site Lease

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Unknown and/or Unforeseen Conditions. If Contractor Developer submits a PCO requesting an increase in Guaranteed Project Cost and/or Contract Time that is based at least partially on ContractorDeveloper’s assertion that Contractor Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor Developer 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 Developer shall complete the Project without any increase in Guaranteed Project Cost and/or Contract Time based on that PCO.

Appears in 5 contracts

Samples: Facilities Lease, Master Facilities Lease, Master Facilities Lease

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) Unforeseen Site Conditions on the Project, then Contractor shall base the PCO on provable information that demonstrates that the unknown and/or unforeseen condition(s) Unforeseen Site Conditions were actually or reasonably constitute Unforeseen Site Conditions and were unknown and/or unforeseenunforeseen to Contractor. 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.

Appears in 1 contract

Samples: Site Lease

Unknown and/or Unforeseen Conditions. If Contractor Designer/Builder submits a PCO requesting an increase in Guaranteed Project Cost Contract Price and/or Contract Time that is based at least partially on ContractorDesigner/Builder’s assertion that Contractor Designer/Builder has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor 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 District Customer shall deny the PCO and the Contractor Designer/Builder shall complete the Project without any increase in Guaranteed Project Cost Contract Price and/or Contract Time based on that PCO.

Appears in 1 contract

Samples: Contract for Design and Construction

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Unknown and/or Unforeseen Conditions. If Contractor Developer submits a PCO requesting an increase in Guaranteed Project Cost Maximum Price and/or Contract Time that is based at least partially on ContractorDeveloper’s assertion that Contractor Developer has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor Developer shall base the PCO on provable information that that, beyond a reasonable doubt and to the District’s satisfaction, 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 Developer shall complete the Project without any increase in Guaranteed Project Cost Maximum Price and/or Contract Time based on that PCO.

Appears in 1 contract

Samples: Facilities Lease

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