Unforeseeable Conditions definition

Unforeseeable Conditions means any conditions at the Project Site not actually known to Seller that (a) are concealed physical conditions of an unusual nature and (b) could not reasonably have been foreseen with appropriate due diligence.
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Unforeseeable Conditions means and refer to any one or more of the following conditions:
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Unforeseeable Conditions means and refer to physical conditions at the Project Site (i) which differ materially from those indicated in this Agreement, or (ii) which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement.
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Examples of Unforeseeable Conditions in a sentence

  • If the Owner and the Contractor thereafter mutually determine that such concealed or unknown physical conditions are in fact Unforeseeable Conditions, then the Contractor will be entitled to seek an equitable adjustment in the Guaranteed Maximum Price or the Substantial Completion Dates, or both, as provided in Section 2.5.

  • Unforeseeable Conditions Maintenance cleaning projects and emergency service requests are conducted by Mayer Specialty Services, LLC (MSS) using industry standard cleaning procedures with trained and experienced crews.

  • Any Homeowner-initiated alterations or modifications to the work outlined in Section One and the price therefore, and any additional work due to Hidden Defects, Concealed and Unforeseeable Conditions and the price therefor, must be agreed upon by the parties in a written “Change Order,” before work on such alteration or modification shall commence.

  • Upon completion, City shall determine whether the Project Construction Cost, including all costs incurred by City in completing the Project or as a result of Construction Manager's termination, is less than the Project Budget, as adjusted for City Changes and Unforeseeable Conditions.

  • The total amount reimbursed by District for each Trade Contractor shall be no more than the amount of the original Trade Contract amount with such Changes as are approved due to changes which result from District initiated changes paid for from the District’s Contingency Fund and/or which are from Changes Due to Unforeseeable Conditions or as approved by District and Construction Manager and paid for from the Construction Contingency Fund.

  • If the Authority and the DB Contractor thereafter mutually determine that such concealed physical conditions are in fact Unforeseeable Conditions, then the DB Contractor will be entitled to seek an equitable adjustment in the applicable GMP(s) or the Contract Time as provided in Section 12.2 (Excusable Events).

  • Any entitlement to an increase in the Contract Amount or Contract Time on the part of Construction Manager, any Trade Contractor or subconsultant, other than pursuant to such an approved change resulting from District initiated changes and from changes due to Unforeseeable Conditions as defined in Section 2.10 shall be the financial responsibility of Construction Manager.

  • In general, Unforeseeable Conditions changes are to be paid for from the Construction Contingency Fund, provided that the maximum cost of Unforeseeable Conditions chargeable to the Construction Contingency shall be fifty percent (50%) of the original Construction Contingency amount.

  • The Contractor shall perform under Change Order any Extra Work, pursuant to Article IX, required by reason of Unforeseeable Conditions and shall accept Extra Payment therefor, asthe Contractor's total compensation for any and all losses, damages or expenses arising out of or relating to Unforeseeable Conditions.

  • In confirmation and furtherance of the foregoing, the DB Contractor acknowledges and agrees that it shall not be entitled to an adjustment in any GMP or the Contract Time based on general and local conditions (other than Unforeseeable Conditions at the Site) affecting the Project, the Site, or the performance of the Work, and the DB Contractor hereby waives any and all claims associated therewith.


More Definitions of Unforeseeable Conditions

Unforeseeable Conditions means and refer to conditions at the Site which are concealed physical conditions of an unusual nature (i) which differ materially from those indicated in this Agreement (and any reports or other documents prepared by, on behalf of, or presented to the Contractor in relation to the Project), and (ii) which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement.
Sample 1

Related to Unforeseeable Conditions

  • Unsafe condition as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

  • fair and reasonable conditions means appropriate conditions, including possible financial terms or royalty-free conditions, taking into account the specific circumstances of the request for access, for example the actual or potential value of the results or background to which access is requested and/or the scope, duration or other characteristics of the exploitation envisaged;

  • Performance Conditions means specific levels of performance of the Company (and/or one or more members of the Company Group, divisions or operational and/or business units, product lines, brands, business segments, administrative departments, or any combination of the foregoing), which may be determined in accordance with GAAP or on a non-GAAP basis, including, without limitation, the following measures: (i) net earnings, net income (before or after taxes), or consolidated net income; (ii) basic or diluted earnings per share (before or after taxes); (iii) net revenue or net revenue growth; (iv) gross revenue or gross revenue growth, gross profit or gross profit growth; (v) net operating profit (before or after taxes); (vi) return measures (including, but not limited to, return on investment, assets, capital, employed capital, invested capital, equity, or sales); (vii) cash flow measures (including, but not limited to, operating cash flow, free cash flow, or cash flow return on capital), which may be but are not required to be measured on a per share basis; (viii) actual or adjusted earnings before or after interest, taxes, depreciation, and/or amortization (including EBIT and EBITDA); (ix) gross or net operating margins; (x) productivity ratios; (xi) share price (including, but not limited to, growth measures and total stockholder return); (xii) expense targets or cost reduction goals, general and administrative expense savings; (xiii) operating efficiency; (xiv) objective measures of customer/client satisfaction; (xv) working capital targets; (xvi) measures of economic value added or other ‘value creation’ metrics; (xvii) enterprise value; (xviii) sales; (xix) stockholder return; (xx) customer/client retention; (xxi) competitive market metrics; (xxii) employee retention; (xxiii) objective measures of personal targets, goals, or completion of projects (including, but not limited to, succession and hiring projects, completion of specific acquisitions, dispositions, reorganizations, or other corporate transactions or capital-raising transactions, expansions of specific business operations, and meeting divisional or project budgets); (xxiv) comparisons of continuing operations to other operations; (xxv) market share; (xxvi) cost of capital, debt leverage, year-end cash position or book value; (xxvii) strategic objectives; (xxviii) gross or net authorizations; (xxix) backlog; or (xxx) any combination of the foregoing. Any one or more of the aforementioned performance criteria may be stated as a percentage of another performance criteria, or used on an absolute or relative basis to measure the performance of one or more members of the Company Group as a whole or any divisions or operational and/or business units, product lines, brands, business segments, or administrative departments of the Company and/or one or more members of the Company Group or any combination thereof, as the Committee may deem appropriate, or any of the above performance criteria may be compared to the performance of a selected group of comparison companies, or a published or special index that the Committee, in its sole discretion, deems appropriate, or as compared to various stock market indices.

  • Step Down Conditions As of any Distribution Date on which any decrease in any Senior Prepayment Percentage may apply, (i) the outstanding Principal Balance of all Mortgage Loans 60 days or more Delinquent (including Mortgage Loans in REO and foreclosure), averaged over the preceding six month period, as a percentage of the aggregate of the Class Certificate Principal Balances of the Classes of Subordinate Certificates on such Distribution Date, does not equal or exceed 50% and (ii) cumulative Realized Losses with respect to all of the Mortgage Loans do not exceed: · for any Distribution Date on or after the seventh anniversary until the eighth anniversary of the first Distribution Date, 30% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the eighth anniversary until the ninth anniversary of the first Distribution Date, 35% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the ninth anniversary until the tenth anniversary of the first Distribution Date, 40% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the tenth anniversary until the eleventh anniversary of the first Distribution Date, 45% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, and · for any Distribution Date on or after the eleventh anniversary of the first Distribution Date, 50% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date.

  • Review Conditions means (i) the Delinquency Percentage for any Payment Date exceeds the Delinquency Trigger for that Payment Date and (ii) the Noteholders or Note Owners, as applicable, have voted, pursuant to Section 2.03(d) of the Receivables Purchase Agreement, to direct an Asset Representations Review of the Subject Receivables.

  • Acute condition means that the individual is medically unstable. Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain his or her health status.

  • Performance Condition means any performance condition imposed under rule 4.1 (Performance Conditions);

  • Termination Conditions means, collectively, (a) the payment in full in cash of the Obligations (other than (i) contingent indemnification obligations not then due and (ii) Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) and (b) the termination of the Commitments and the termination or expiration of all Letters of Credit under this Agreement (unless the Outstanding Amount of the L/C Obligations related thereto has been Cash Collateralized on terms reasonably acceptable to the applicable Issuing Bank, backstopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank or deemed reissued under another agreement reasonably acceptable to the applicable Issuing Bank).

  • Service Requirements means the specification that the Flexibility Services must be capable of meeting, as defined in Schedule 1;

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Qualifying condition means a condition described in Section 26-61a-104.

  • Normal Operating Conditions means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.

  • Licence Conditions means the licence terms and conditions contained in this document, as amended from time to time in accordance with this agreement.

  • Mental abnormality means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

  • Payment Conditions means, at the time of determination with respect to a proposed payment to fund a Specified Transaction, that:

  • Conditions of Service means the document developed by a distributor in accordance with subsection 2.4 of the Code that describes the operating practices and connection rules for the distributor; (DSC)

  • these Conditions means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;

  • Business Condition means the financial condition, business, assets, liabilities and operations of a Person.

  • performance requirement means a requirement that:

  • Standard Conditions means the “International Bank for Reconstruction and Development and International Development Association Standard Conditions for Grant Financing Made by the Bank out of Trust Funds”, dated February 25, 2019.

  • Eligibility Conditions means the eligibility conditions specified in the Act and the Rules including all the eligibilityconditions listed in Clause [5] of the Tender Document.

  • Release Conditions mean the following conditions: (i) Company has received the Executive’s executed Release and (ii) any rescission period applicable to the Executive’s executed Release has expired.

  • Abnormal Condition means any condition on the Interconnection Facilities which, determined in accordance with Good Utility Practice, is: (i) outside normal operating parameters such that facilities are operating outside their normal ratings or that reasonable operating limits have been exceeded; and (ii) could reasonably be expected to materially and adversely affect the safe and reliable operation of the Interconnection Facilities; but which, in any case, could reasonably be expected to result in an Emergency Condition. Any condition or situation that results from lack of sufficient generating capacity to meet load requirements or that results solely from economic conditions shall not, standing alone, constitute an Abnormal Condition.

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).

  • Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

  • Statement of Requirements means a statement issued by the Authority or any Other Contracting Body detailing its Services Requirement issued in accordance with the Ordering Procedure;