Unknown Conditions. If in the performance of the Work the Contractor finds latent, concealed or subsurface physical conditions which differ from the conditions the Contractor reasonably anticipated, or if physical conditions are materially different than those normally encountered and generally recognized as inherent in the kind of work provided for in this Agreement, then the Contract Price and/or the date of Substantial Completion shall be equitably adjusted by Change Order within a reasonable time after the conditions are first observed.
Unknown Conditions. If, in the performance of the Work, the Construction Manager or its Subcontractor finds latent, concealed or subsurface physical conditions that (A) differ from the conditions the Construction Manager or its Subcontractor should have reasonably anticipated, (B) differ substantially from available soils reports or (C) differ substantially and materially from those normally encountered and generally recognized as inherent in the kind of work provided for in this Agreement at this location (occurrence of shifting and expansive soils, including clay soils and sandstone expressly noted as commonly occurring in the Project area), then the applicable GMP compensation and/or the Substantial Completion date may be equitably adjusted only if the Construction Manager notifies the City within seven Days after the conditions are first observed in accordance with Article 6 above.
Unknown Conditions. If the Utility Company’s actual costs exceed the maximum amount provided in Paragraph 3 due to unknown conditions or circumstances that were unable to be foreseen, the City and Utility Company agree to negotiate in good faith an amendment to this Agreement to reimburse the Utility Company for such unknown or unforeseeable expenses.
Unknown Conditions. If, in the performance of the Work, the Job Order Contractor or its Subcontractor finds latent, concealed or subsurface physical conditions that:
(A) differ from the conditions the Job Order Contractor or its Subcontractor should have reasonably anticipated; (B) differ substantially from available soils reports; or (C) differ substantially and materially from those normally encountered and generally recognized as inherent in the kind of work provided for in this Contract at this location (occurrence of shifting and expansive soils, including clay soils and sandstone expressly noted as commonly occurring in the Project area), then the applicable compensation and/or the Substantial Completion date may be equitably adjusted only if the Job Order Contractor notifies the City within seven Days after the conditions are first observed in accordance with Article 4 above.
Unknown Conditions. Conditions or occurrences may be encountered during the performance of the Services and/or the Work that require changes in the Services or impose risk to SE and/or SE’s Consultants, or their employees or agents, in the performance of the Services not known to SE when the Proposal/Agreement was entered (“Unknown Conditions”). If Unknown Conditions are encountered, SE shall notify Client of the Unknown Conditions and the probable impact of the Unknown Conditions on the Services and the Work, and SE shall consult with Client regarding possible actions, including:
a) Suspend the Services and/or the Work until the Unknown Conditions are further studied by Client and the additional risks imposed by the Unknown Conditions are eliminated by Client or are reduced by Client to levels acceptable to both SE and Client;
b) Complete the Services in accordance with the scope of Services described in the Proposal/Agreement, if to do so is agreed by both SE and Client to be practical;
c) Agree to a change in the Services; or
d) Agree to a termination of the Proposal/Agreement for Client’s convenience.
Unknown Conditions. Events beyond the control of Contractor (Revamp branded companies) such as Acts of God, labor strikes, inclement weather, Buyers inability to qualify for or obtain financing, or other events resulting in delays in performance of this Agreement do not constitute abandonment and are not included in calculating time frames for performance by contractor. In the event the Contractor determines that the parties cannot perform this Agreement as intended, for example, unforeseen structural defects, unforeseen circumstances that may be detrimental to the coating process (including, but not limited to, moisture readings, concrete deterioration, substrate failure), pre-existing conditions to the Buyer’s property, or incorrect pricing, the Contractor may cancel this Agreement. The Buyer will be notified of such cancellation in writing and return all monies paid by the Buyer. The Contractor (Revamp branded companies) and the Buyer(s) have determined that a definite start or completion date is not of the essence in this Agreement. Revamp branded companies does not state or imply job start or duration dates.
Unknown Conditions. If in the performance of Subcontractor’s Work, Subcontractor finds latent, concealed or subsurface physical conditions which differ from the conditions Subcontractor reasonably anticipated, or if physical conditions are materially different from those normally encountered and generally recognized as inherent in the kind of work provided for in this Subcontract, then the Subcontract Price and/or the Schedule of Subcontractor’s Work shall be equitably adjusted by a Subcontract Change Order within a reasonable time after the conditions are first observed. The adjustment which Subcontractor may receive shall be limited to the adjustment that CH2M HILL receives from Owner on behalf of Subcontractor.
Unknown Conditions. Purchaser shall not perform or permit any other party to perform any invasive environmental testing at the Property unless such testing is required by law or in connection with a proposed sale of the Property (“Permitted Testing”). Subject to the provisions of this Section 5.3, Purchaser hereby releases Seller from and agrees to indemnify Seller against any and all claims, demands, losses, damages, liabilities, causes of action, liens, costs and expenses (including, without limitation, attorneys’ fees and costs to the extent permitted by law), directly or indirectly related to, arising out of, or in any manner connected with, in whole or in part, the presence of Hazardous Materials at the Property, any violations of Environmental Laws, and any other conditions at or relating to the Property or the Former Properties which are not Known Conditions as of the Closing Date (the “Unknown Conditions”). Purchaser shall be responsible for the cost and expense of assessment, removal, disposal and/or remediation of Hazardous Materials (the “Remediation Expenses”) arising from Unknown Conditions, up to One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) in the aggregate. Notwithstanding anything to the contrary contained herein, Seller shall reimburse Buyer for any Remediation Expenses in excess of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) in the aggregate, up to Two Million Two Hundred Fifty Thousand and No/100 Dollars ($2,250,000.00) in the aggregate (the “Reimbursable Expenses”), provided that Seller shall have no obligation to reimburse Purchaser for any Reimbursable Expenses in excess of Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) in the aggregate. Purchaser shall be responsible for all Remediation Expenses in excess of Two Million Two Hundred Fifty Thousand and No/100 Dollars ($2,250,000.00) in the aggregate. Reimbursable Expenses shall not include any amounts paid or reimbursed to Purchaser pursuant to any insurance policy. Seller shall not be entitled to any reimbursement of Reimbursable Expenses paid by Seller to Purchaser to the extent that such Reimbursable Expenses are subsequently reimbursed to Purchaser by a third party other than an insurer. The provisions of this Article V shall survive Closing for a period of three (3) years.
Unknown Conditions. Save and except as hereinafter provided, CONTRACTOR agrees at CONTRACTOR’S Own Expense to assume the risk and costs of Extra Work and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements.
Unknown Conditions. Should unforeseen conditions occur, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the plans, specifications for the Project, or CPRA-furnished information, or should unknown physical conditions below the surface of the ground, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Project GMP and the Project construction completion date shall be equitably adjusted by Contract modification upon a request for Contract modification in accordance with XXXX Section 508-4.1.
