Unforeseen Subsurface Conditions means: (i) subsurface or latent physical conditions at the Project Site, differing materially from those indicated in the Geotechnical Survey, or (ii) previously unknown physical conditions at the Project Site of an unusual nature (including unknown and unexpected archaeological, paleontological or religious sites, places, monuments or areas) or conditions that differ materially from those ordinarily encountered and generally recognized as inherent in work similar to the Work , but excluding in all cases conditions that should have been reasonably known, inferable or discoverable by Contractor based upon the information in the Geotechnical Survey, Contractor’s survey of the Site prior to the Effective Date, or other Owner-provided information. 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 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 fails to notify Owner of such a condition within such three (3) day period, then Contractor shall not be entitled to and will thereby be deemed to have waived its rights to receive any Change Order as with respect to such condition.
Unforeseen Subsurface Conditions means any (i) caverns or seismic faults or substantial voids, (ii) substantial manmade or natural subsurface obstructions or (iii) fossils, antiquities or other things of archeological interest, in any case encountered by Contractor in the performance of the Work that (a) are not identified in any Soils Data and (b) with respect to the substantial natural subsurface obstructions in (ii) above, were not reasonably anticipated by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GECP, from the Soils Data.
Unforeseen Subsurface Conditions means any underground subsurface conditions at the Site that (i) differ from those indicated in any documents provided by or on behalf of Owner, (ii) differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character provided for in the Agreement, and (iii) were not discovered or reasonably discoverable by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GECP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors or from the general knowledge of the Contractor or any of its Subcontractors or Sub-subcontractors relating to site conditions in the area of the Site. Such Unforeseen Subsurface Conditions may include pre-existing refinery equipment and materials located underground, provided that such equipment or materials meet the requirements of Unforeseen Subsurface Conditions.
Examples of Unforeseen Subsurface Conditions in a sentence
Notwithstanding the above, Contractor shall remain liable for, at its sole cost and expense, the disposal of all materials developed or obtained in the excavation or other operations of Contractor, any Subcontractor or Sub-subcontractor (excluding Pre-Existing Hazardous Materials and Unforeseen Subsurface Conditions, if any).
More Definitions of Unforeseen Subsurface Conditions
Unforeseen Subsurface Conditions means any unforeseen (i) substantial voids, seismic faults or caverns, (ii) substantial man- made or natural subsurface obstructions, or (iii) fossils, antiquities or other things of archeological interest, that (a) are not identified in any Soils Data or any other documents provided to Contractor by Owner and (b) were not discovered by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GECP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors prior to the Effective Date.
Unforeseen Subsurface Conditions means any unforeseen (i) substantial voids, seismic faults or caverns, (ii) substantial man-made or natural subsurface obstructions, or (iii) fossils, antiquities or other things of archeological interest, that (a) are not identified in any Soils Data or any other documents provided to Contractor by Owner and (b) were not discovered by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GECP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors prior to the Effective Date.
Unforeseen Subsurface Conditions means any unforeseen (i) substantial voids, seismic faults or caverns, (ii) substantial man-made or natural subsurface obstructions, or
Unforeseen Subsurface Conditions means any subsurface conditions at the Site that (i) differ from those indicated in any documents provided by or on behalf of Owner, (ii) differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character provided for in the Agreement, and (iii) were not discovered or reasonably discoverable by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GECP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors or from the general knowledge of the Contractor or any of its Subcontractors or Sub-subcontractors relating to site conditions in the area of the Site.
Unforeseen Subsurface Conditions means any unforeseen (i) caverns or seismic faults, (ii) boulders or other substantial rock formations; (iii) substantial subsurface artificial obstructions, (iv) fossils, antiquities or other things of archeological interest, and (v) Pre-Existing Contamination (other than Pre-Existing Contamination for which Contractor is responsible pursuant to Section 3.11), in any case encountered by Contractor in the performance of the Work that (a) are not identified in any soils data or any other documents either provided to Contractor by Owner or otherwise provided to Contractor from third parties, (b) were not discovered or reasonably discoverable by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GCP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors prior to the Agreement Date, or from documents otherwise provided from third parties relating to site conditions in the area of the Site, or from the general knowledge of the Contractor or any of its Subcontractors relating to site conditions in the area of the Site, and (c) with respect to (i), (ii) and (iii) only, are materially different from those that are reasonably expected to be encountered due to the nature and location of the Site.
Unforeseen Subsurface Conditions means any unforeseen (i) caverns or seismic faults, (ii) boulders or other substantial rock formations; (iii) substantial subsurface artificial obstructions, and (iv) fossils, antiquities or other things of archeological interest, in any case encountered by Contractor in the performance of the Work that (a) are not identified in any soils data or other documents provided to Contractor by Owner or otherwise known or should have been known through GCP, (b) were not discovered or reasonably discoverable by Contractor or any of its Subcontractors or Sub-subcontractors, acting in accordance with GCP, from inspections and investigations performed by Contractor or any of its Subcontractors or Sub-subcontractors prior to the Agreement Date, or from the general knowledge of the Contractor or any of its Subcontractors (related to their portion of the Work) relating to site conditions in the area of the Site, and (c) with respect to (i), (ii) and (iii) only, are materially different from those that are reasonably expected to be encountered due to the nature and location of the Site.