Material Changed Condition definition

Material Changed Condition. Material Changed Condition" shall mean changes to the Work, outside the Scope of Work, as defined in Section 4.5, Material Changed Conditions, herein.
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Material Changed Condition means one or more of the following conditions that impact the Project Schedule and/or the Contract Amount: (i) parties outside the control of OpTerra ES caused delays in Project Schedule; (ii) the discovery of differing and unexpected site conditions not previously disclosed by Customer and could not have been readily discoverable by OpTerra ES prior to start of Work; (iii) the discovery of Hazardous Substances not previously disclosed; (iv) adverse weather conditions not reasonably anticipated; (v) delay in equipment and material deliveries outside OpTerra ES’s control; and (vi) any other condition that could not have been reasonably anticipated by the Parties and is outside OpTerra ES’s control.
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Material Changed Condition means one or more of the following conditions that impact the Project Schedule and/or Cost: 1) parties or conditions outside the control of the parties caused delays in Project Schedule; 2) discovery of differing and unexpected site conditions not previously disclosed by CUSTOMER and could not have been readily discoverable prior to start of Work; 3) discovery of hazardous wastes or material not been previously disclosed; (4) adverse weather conditions not reasonably anticipated; (5) delay in equipment and material deliveries outside the Parties' control; and 6) any other condition that could not have been reasonably anticipated by the Parties and is outside the Parties" control.
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Examples of Material Changed Condition in a sentence

  • Pending the resolution of any dispute between OpTerra ES and Customer concerning a Material Changed Condition and/or change beyond OpTerra ES’s control, OpTerra ES reserves the right to suspend Work pending the resolution of the dispute.

  • OpTerra ES will provide written notice to Customer of any Material Changed Condition and or any Force Majeure event, as such terms are defined in Article 1 above, within ten (10) business days of OpTerra ES’s first discovery of such Material Changed Condition.

  • If there is a disagreement between Customer and OpTerra ES as to whether a Change Order should be issued and executed because of the Material Changed Condition and/or condition beyond OpTerra ES’s control, those disputes shall be resolved in accordance with the provisions of Section 16, “Dispute Resolution”, of Attachment A of the Contract.

  • If there is a disagreement between Customer and OpTerra ES as to whether a Change Order should be issued and executed because of the Material Changed Condition and/or condition beyond OpTerra ES' control, those disputes shall be resolved in accordance with the provisions of Section 16, “Dispute Resolution”, of Attachment A of the Contract.

  • Pending the resolution of any dispute between OpTerra ES and Customer concerning a Material Changed Condition and/or change beyond OpTerra ES' control, OpTerra ES reserves the right to suspend Work pending the resolution of the dispute.

  • If there is a disagreement between Customer and Chevron ES as to whether a Change Order should be issued and executed because of the Material Changed Condition and/or condition beyond Chevron ES' control, those disputes shall be resolved in accordance with the provisions of Section 15, “Dispute Resolution”, of Attachment A of the Contract.

  • OpTerra ES will provide written notice to Customer of any Material Changed Condition and or any Force Majeure event, as such terms are defined in Article 1 above, within ten (10) business days of OpTerra ES' first discovery of such Material Changed Condition.

  • Pending the resolution of any dispute between Chevron ES and Customer concerning a Material Changed Condition and/or change beyond Chevron ES' control, Chevron ES reserves the right to suspend Work pending the resolution of the dispute.

  • In the event that any information is disclosed under this section that constitutes a Change to the Work and/or is a Material Changed Condition, OpTerra ES will provide notice to Customer within ten (10) business days after receipt of this information, and the parties will meet and confer with respect to those Changes.

  • If the parties are unable to agree on whether Customer’s disclosed information constitutes a Change to the Work or a Material Changed Condition, those disputes shall be resolved in accordance with Section 16 of Attachment A of the Contract.


More Definitions of Material Changed Condition

Material Changed Condition. Material Changed Condition" shall mean one or more of the following conditions that impact the Project Schedule and/or Cost: 1) parties or conditions outside the control of the parties caused delays in Project Schedule; 2) discovery of differing and unexpected site conditions not previously disclosed by CUSTOMER and could not have been readily discoverable prior to start of Work; 3) discovery of hazardous wastes or material not been previously disclosed; (4) adverse weather conditions not reasonably anticipated; (5) delay in equipment and material deliveries outside the Parties' control; and 6) any other condition that could not have been reasonably anticipated by the Parties and is outside the Parties" control. 29. NOTICE OF CLAIM: "Notice of Claim" means a written notice from Contractor to CES provided in accordance with Article 8 of this Master Agreement, identifying an order, event or occurrence that Contractor contends should cause a Change in the Work entitling Contractor to an adjustment of either the Contract Amount or Contract Time or both. 30. OPERATIONAL DATE: "Operational Date" shall mean the date when the installed Work is substantially complete in accordance with the Contract Documents so that the Work is functional and can be generally used for the purpose for which the Work is intended. 31. OPERATIONS AND MAINTENANCE SERVICES OR O&M: Operations and Maintenance Services or O&M shall mean the provision of operations and maintenance services for the equipment, and any and all other material, hardware, or software provided and installed by CES, or its subcontractors, in accordance with the Work Order. 32. PARTY OR PARTIES: "Party" or "Parties" shall mean CES, CUSTOMER, each or both of them, as the context may require pursuant to the terms and conditions of this Master Agreement. 33. PROJECT: "Project" shall mean the entirety of Work to be performed by Contractor per the terms and conditions of each Work Order, and any Change Orders to a Work Order, as well as all efforts of CES and other entities regarding the Work, Site, facilities and other matters referred to in the Contract Documents, all as an integrated whole. 34. PROJECT SCHEDULE: "Project Schedule" means the CES-approved schedule of Work identified in the Work Order, prepared pursuant to Paragraph 7.3 of this Master Agreement, showing the sequences, duration, and interrelationships and establishing Contractor's plan for accomplishing Final Completion within the Contract Time. 35. SCOPE ...
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Related to Material Changed Condition

  • Material Change in Formula means the occurrence since the Launch Date of a material change in the formula for, or the method of, calculating the Reference Price.

  • Material Change in Content means the occurrence since the Launch Date of a material change in the content, composition or constitution of the Futures Contract or the Commodity.

  • Material Change means a change that an average, careful investor would want to know about before making an investment decision. If a material change occurs afler you make an investment commitment but before the ORering closes, then the Company will notify you and ask whether you want to invest anyway. If you do not affirmatively choose to invest, then your commitment will be cancelled, your funds will be returned to you, and you will not receive any securities.

  • Business Condition of any Person shall mean the condition (financial or other), earnings, results of operations, business, properties or prospects of such Person.

  • Substantial Change means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

  • Preexisting condition means any medical condition,

  • Rating Condition has the meaning specified in Section 2.06(c)(ii).

  • Significant change means a major decline or improvement in the tenant’s status which does not normally resolve itself without further interventions by staff or by implementing standard disease-related clinical interventions that have an impact on the tenant’s mental, physical, or functional health status.

  • Pre-Existing Condition means an illness, disease, or other condition during the 180 day period immediately prior to the Effective Date of Your coverage for which You or Your Traveling Companion, Business Partner or Family Member: 1) received or received a recommendation for a test, examination, or medical treatment; or 2) took or received a prescription for drugs or medicine. Item (2) of this definition does not apply to a condition which is treated or controlled solely through the taking of prescription drugs or medicine and remains treated or controlled without any adjustment or change in the required prescription throughout the 180 day period before Your coverage is effective under this policy.

  • Associated Conditions means the symptoms or side effects associated with Stage-Four Advanced, Metastatic Cancer or its treatment and which, in the judgment of the health care practitioner, further jeopardize the health of a patient if left untreated.

  • Material Objection Notice has the meaning set forth in Section 4.2 of this Agreement.

  • Potential Change of Control shall be deemed to have occurred if:

  • Special Condition means a condition of a Transporter's Licence or Shipper's Licence other than a Standard Condition;

  • Change in condition means a change in physical condition of the employee as well as any change

  • Pre-Existing Conditions means, in respect of the Insured Person, any Sickness, Disease, Injury, physical, mental or medical condition or physiological degradation, including Congenital Condition, that has existed prior to the Policy Issuance Date or the Policy Effective Date, whichever is the earlier. An ordinary prudent person shall be reasonably aware of a Pre- existing Condition, where -

  • Life-threatening condition means any disease or condition from which the likelihood of death is probable unless the course of the disease or condition is interrupted.

  • Preexisting condition exclusion means, with respect to coverage, a limitation or exclusion of

  • Relevant Potential Change of Control Announcement means any public announcement or statement by the Issuer, any actual or potential bidder or any adviser acting on behalf of any actual or potential bidder relating to any potential Change of Control where within 180 days following the date of such announcement or statement, a Change of Control occurs.

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Potential Change of Control Announcement means any public announcement or statement by the Issuer or by any actual or potential bidder or any designated adviser thereto relating to any specific or any near-term potential Change of Control (whereby "near-term" shall mean that such potential Change of Control is reasonably likely to occur, or is publicly stated by the Issuer or by any such actual or potential bidder or any such designated adviser to be intended to occur, within four months of the date of such announcement or statement).

  • Material Compliance Matter has the same meaning as the term defined in Rule 38a-1, and includes any compliance matter that involves: (1) a violation of the federal securities laws by Distributor (or its officers, directors, employees, or agents); (2) a violation of Distributor's Rule 38a-1 policies and procedures; or (3) a weakness in the design or implementation of Distributor's Rule 38a-1 policies and procedures.

  • Material and substantial disruption of a normal school activity means:

  • Looked after means all those currently in the care of a Local Authority or accommodated by a Local Authority under the terms of the Children Act 1989 and children who were previously in the care of or accommodated by a Local Authority but immediately after being looked after, became subject to an adoption, a child arrangements order or special guardianship order.

  • Material Default means a material breach of this Framework Agreement and/or, breach by the Supplier of any of the following Clauses: Clause 8 (Warranties and Representations), Clause 9 (Prevention of Bribery and Corruption), Clause 13 (Statutory Requirements and Standards), Clause 14 (Non-Discrimination), Clause 15 (Provision of Management Information), Clause 16 (Management Charge), Clause 17 (Records and Audit Access), Clause 22 (Data Protection), Clause 23 (Freedom of Information) and Clause 31 (Transfer & Sub-contracting);

  • Potential Change in Control Period shall commence upon the occurrence of a Potential Change in Control and shall lapse upon the occurrence of a Change in Control or, if earlier (i) with respect to a Potential Change in Control occurring pursuant to Section 16.20(A), immediately upon the abandonment or termination of the applicable agreement, (ii) with respect to a Potential Change in Control occurring pursuant to Section 16.20(B), immediately upon a public announcement by the applicable party that such party has abandoned its intention to take or consider taking actions which if consummated would result in a Change in Control, or (iii) with respect to a Potential Change in Control occurring pursuant to Section 16.20(C) or (D), upon the one year anniversary of the occurrence of a Potential Change in Control (or such earlier date as may be determined by the Board).

  • Terminating Company Breach has the meaning specified in Section 10.01(b).