Unforeseen Subsurface Condition definition

Unforeseen Subsurface Condition has the meaning set forth in Section 2.3.1(b). “Warranty” has the meaning set forth in Section 7.1.1.
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Unforeseen Subsurface Condition means subsurface man-made objects, fossils, human remains, or evidence of human burials, or other subsurface condition of archeological, historical, religious, cultural or similar interest that requires preservation according to applicable Law and that differs materially from the physical conditions that are described in this Agreement or any report, survey or other documentation provided to Contractor by any Person in respect to the Site or its vicinity.
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Examples of Unforeseen Subsurface Condition in a sentence

  • If the condition at issue is indeed an Unforeseen Subsurface Condition as defined herein and Contractor has delivered such notice within such time period, then Contractor will be entitled to a Change Order to the extent so provided in Section 9.5.1(d).

  • If Contractor encounters any condition that Contractor believes is or may be an Unforeseen Subsurface Condition, Contractor shall notify Owner of the same promptly, but in any event no later than three (3) days after becoming aware of the condition.

  • If a Change in the Work results from any event or circumstance caused by the willful or negligent act or omission of Intermountain or A/E or an Unforeseen Subsurface Condition, Contractor will give Intermountain Written Notice of such event or circumstance within twenty-four (24) hours after commencement of the event or circumstance so that Intermountain can take such action as is necessary to mitigate the effect of the event or circumstance.

  • If the circumstance or event affects the cost to Contractor to perform the Work and is caused by a willful or negligent act or omission of Intermountain or A/E or an Unforeseen Subsurface Condition, the Contract Sum will be adjusted to reflect the reasonable increase or decrease in Contractor’s cost to perform the Work resulting from the event or circumstance, subject to the conditions set forth in Section 7.1.6, subparagraphs b through f.

  • If Contractor is entitled to an adjustment in the Contract Time as a result of an event or circumstance caused by the willful or negligent act or omission of Owner or Architect or an Unforeseen Subsurface Condition, Contractor will be compensated for all costs related to the delay in accordance with Section 7.3, Paragraph B.F. Within thirty (30) Days after receipt of Contractor's claim, Architect will either deny the claim or recommend approval to Owner.

  • Data, including without limitation attorney information and content, how the kick may himself be mined, sold, or used commercially for any rifle without the explicit broad consent from Legal Associations Management, Inc.

  • Mean ITF THDAs 211A.1 Recourses to Various Pathological Trial Solutions 258 List of Figures 2.1 LWP small-aperture high-dispersion (even orders) format.

  • Contractor will not be entitled to any adjustment to the Contract Sum from Owner as a result of any event or circumstance unless the event or circumstance results from a willful or negligent act or omission of Owner or Architect or an Unforeseen Subsurface Condition.

  • If the circumstance or event delays Substantial Completion and is caused by a willful or negligent act or omission of Owner or Architect or an Unforeseen Subsurface Condition, then Contractor will be compensated for costs incident to the delay through an increase in the Contract Sum in accordance with Section 7.3, Paragraph B.

  • All shared equipment (such as PFDs) must be disinfected between each user.

Related to Unforeseen Subsurface Condition

  • 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.

  • Soil means all unconsolidated mineral and organic material of any origin.

  • Subsurface tracer study means the release of a substance tagged with radioactive material for the purpose of tracing the movement or position of the tagged substance in the well-bore or adjacent formation.

  • Groundwater means all water, which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

  • Environmental Conditions means the presence in the environment, including the soil, groundwater, surface water or ambient air, of any Hazardous Material at a level which exceeds any applicable standard or threshold under any Environmental Law or otherwise requires investigation or remediation (including, without limitation, investigation, study, health or risk assessment, monitoring, removal, treatment or transport) under any applicable Environmental Laws.

  • Hazardous Substance Condition means the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph 6.2(a), in, on, or under the Premises.

  • Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.

  • Hazardous condition means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • 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.

  • Unforeseen means not anticipated or expected and occurring after the effective date of coverage.

  • Geologically hazardous areas means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

  • Environmental Contamination means the introduction or presence of Hazardous Materials at such levels, quantities or location, or of such form or character, as to constitute a violation of federal, state or local laws or regulations, and present a material risk under federal, state or local laws and regulations that the Premises will not be available or usable for the purposes contemplated by this Agreement.

  • Contamination means the presence of, or Release on, under, from or to the environment of any Hazardous Substance, except the routine storage and use of Hazardous Substances from time to time in the ordinary course of business, in compliance with Environmental Laws and with good commercial practice.

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

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

  • Accessible surface means surface of equipment or of an equipment part that can be easily or accidentally touched by persons without the use of a tool.

  • Wildlife habitat means a surface water of the state used by plants and animals not considered as pathogens, vectors for pathogens or intermediate hosts for pathogens for humans or domesticated livestock and plants.

  • Environmental Clean-up Site means any location which is listed or proposed for listing on the National Priorities List, the Comprehensive Environmental Response, Compensation and Liability Information System, or on any similar state list of sites relating to investigation or cleanup, or which is the subject of any pending or threatened action, suit, proceeding, or investigation related to or arising from any location at which there has been a Release or threatened or suspected Release of a Hazardous Material.

  • Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

  • Existing Contamination means any Contamination present on, or under, the Site as of the execution date of this Contract.

  • Extremely Hazardous Substance has the meaning set forth in Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

  • Surface waters means all waters of the state as defined in G.S. 143-212 except underground waters

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.