Regulated Site Condition definition

Regulated Site Condition means, and is limited to:

Regulated Site Condition means, and is limited to, the presence of Regulated Substances in environmental media anywhere in, on or under the Project Site, whether or not disclosed to the Design- Builder.

Regulated Site Condition means, and is limited to, (1) the presence of surface or subsurface structures, materials or conditions having historical, archaeological, religious or similar significance; (2) the presence or habitat of a species that is classified under Applicable Law as endangered, rare, threatened, of special concern, or similarly subject to the protections of Applicable Law; (3) the presence anywhere in, on or under the Project Site on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2) and (3), however, only to the extent not disclosed to the Design-Builder as of the Contract Date or discoverable by the Design Builder as of the Contract Date based upon an industry standard level of one diligence), and (4) the presence of Regulated Substances in environmental media anywhere in, on or under the Project Site (including presence in surface water, groundwater, soils or subsurface strata), whether or not disclosed to the Design-Builder, but not including Regulated Substances used, stored or otherwise brought to the Project Site by the Design-Builder or any Subcontractor as provided in subsection 3.4(B) (Design-Builder Obligations with Respect to Specified Subsurface Conditions and Regulated Site Conditions).

Examples of Regulated Site Condition in a sentence

• Except for the Design-Builder’s failure to provide such notice and exercise due care with respect to such disclosed or known Specified Subsurface Condition or Regulated Site Condition, the Design-Builder shall not be responsible for any Specified Subsurface Condition or Regulated Site Condition and shall be entitled to Uncontrollable Circumstance relief in connection therewith in accordance with and to the extent provided in Section 9.3 (Uncontrollable Circumstances - Entitlement to Relief).

• The Design-Builder shall, to the extent reasonably possible, provide such notice before the Specified Subsurface Condition or Regulated Site Condition has been disturbed or altered.

• In performing the Design-Build Work, the Design-Builder shall exercise due care, in light of all relevant facts and circumstances, to avoid exacerbating any Specified Subsurface Condition or Regulated Site Condition after the location and existence of such condition has been disclosed to the Design-Builder, or becomes actually known by the Design-Builder through physical observation (including any such observation made during excavations).

• The Design-Builder represents and warrants that, as of the Contract Date, it has no knowledge of any Specified Subsurface Condition or Regulated Site Condition other than those disclosed by the Owner or discovered by the Design-Builder and disclosed to the Owner prior to the Contract Date.

• Upon encountering a Specified Subsurface Condition or Regulated Site Condition, the Design-Builder shall provide prompt written notice to the Owner of such condition, which notice shall not be later than five days after such condition is first known to the Design-Builder.

More Definitions of Regulated Site Condition

Regulated Site Condition means, and is limited to, (1) surface and subsurface geotechnical conditions not normally or ordinarily found in the Florida Keys and South Florida (any amount, including excessive amounts, of excavated materials, coral rock, organic material, muck, or any mixture or combination thereof, shall be assumed to be normal and ordinary for the Florida Keys, not a Regulated Site Condition, and assumed by the Company); (2) surface or subsurface structures, materials or conditions having historical, archaeological or similar significance subject to the protection of Applicable Law; (3) any habitat of a rare or threatened species subject to the protections of Applicable Law; (4) the presence anywhere in, on or under the Project Sites on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2), (3) and (4), however, only to the extent not known or disclosed to the Company as of the Contract Date), and (5) the presence of Regulated Substances in environmental media anywhere in, on or under the Sites (including presence in surface water, groundwater, soils or subsurface strata).

Regulated Site Condition means (1) surface or subsurface structures, materials or conditions having historical, archaeological, religious or similar significance; (2) the presence or habitat of a species that is classified under Applicable Law as endangered, rare, threatened, of special concern, or similarly subject to the protections of Applicable Law; (3) the presence anywhere in, on or under the Sites on the Contract Date of xxxxx or underground storage tanks for the storage of chemicals, petroleum products or Regulated Substances (in each of items (1), (2) and (3), however, only to the extent not disclosed to the Company in writing as set forth in the RFP or a document attached to or referenced in the RFP); and (4) the presence of Regulated Substances anywhere in, on or under the Sites (including presence in surface water, groundwater, soils or subsurface strata), whether or not disclosed to the Company. A Regulated Site Condition shall not include any Regulated Substance used, stored or otherwise brought to the Sites by the Company or any Subcontractor as provided in subsection 4.4(C) (Specified Subsurface Conditions and Regulated Site Conditions; Company).