Latent Conditions Sample Clauses

Latent Conditions. (a) If during the installation of the EPC Solutions, the ESCO becomes aware of a latent condition that will affect the completion of the installation, the ESCO must (as a condition precedent to any entitlement to additional time or money) forthwith and where possible before the latent condition is disturbed, (and in any event within five business days) give written notice thereof to the Customer. (b) The ESCO shall provide in that notice to the Customer a statement specifying: (i) the latent conditions encountered and in what respects they differ materially from the site conditions which should reasonably have been anticipated by a competent and experienced ESCO exercising good industry practice at the date of the Agreement; (ii) the additional work and additional resources which the ESCO estimates to be necessary to deal with the latent conditions; (iii) the time the ESCO estimates will be required to deal with the latent conditions and the expected delay in completion; (iv) the ESCO’s reasonable estimate of the cost of the measures necessary to deal with the latent conditions; and (v) any other details that may be reasonably required by the Customer. (c) Delay caused by a latent condition may justify an extension of time for completion. (d) If a latent condition causes the ESCO to: (i) carry out additional work; (ii) use additional materials; or (iii) incur extra cost (including, but not limited to, the cost of delay or disruption); which the ESCO did not and could not reasonably have anticipated at the time of tendering exercising good industry practice, the Customer must pay to the ESCO any agreed amount of additional payment in respect of additional costs caused by the latent condition or, if no agreement has been reached, any actual reasonable direct costs to the extent caused by the latent condition, with payment to be made in accordance with Clause 9. (e) Subject to Clause 2.6(f), if the Customer does not wish the ESCO to proceed as notified, the Customer must promptly instruct the ESCO not to proceed, and the ESCO must comply with such an instruction. (f) The Customer and the ESCO may negotiate and agree on some other way of overcoming the latent condition, including, but not limited to having necessary work performed by others, and may agree to an amount of any additional payment to the ESCO in respect of costs caused by the latent condition.

Latent Conditions. Upon becoming aware of a Latent Condition while carrying out the Works, the Subcontractor must within 5 Business Days of becoming so aware, give ▇▇▇▇▇▇▇▇▇ a written notice describing the Latent Condition and an estimate (with supporting details) of any additional cost or time necessary to deal with the Latent Condition. If a Latent Condition causes the Subcontractor to incur additional cost in carrying out the Works, the cost incurred will be assessed by Honeywell and added to the Subcontract Sum (provided that the Subcontractor agrees and acknowledges that it will only be entitled to such adjustment to the Subcontract Sum if the Subcontractor has provided the notice referred to above in this Section within the required time.

Latent Conditions. 3.5.1. Upon becoming aware of any Latent Condition or other event, the Contractor shall immediately notify the Company in writing of the existence of the Latent Condition or other event. In the case of a Latent Condition, the Contractor shall not materially disturb any of the physical conditions associated with the Latent Condition until the Company has inspected the physical conditions. 3.5.2. The Contractor shall submit to the Company as soon as possible after the notification of the Latent Condition, full details of the Latent Condition including: (a) a description of the Latent Condition and in what respect it differs materially from the physical condition which was expected by the Contractor; (b) an estimate of the effect, if any, on the Contract Programme; and (c) any other information which the Company requires in connection with the Latent Condition. 3.5.3. Should the Latent Condition delay the Contractor, the Contractor may submit a claim for a variation to the Contract Programme provided that: (a) the claim is made in accordance with clause 27; (b) the Contractor has not materially disturbed any of the physical conditions associated with the Latent Condition except where such disturbance is required to protect the safety of personnel or to protect the future conduct of the Works. 3.5.4. Should the Contractor carry out additional work, use additional Plant and Equipment or incur additional cost as a direct and necessary result of the Latent Condition, the Contractor shall be entitled to be paid for any resulting increase in Cost which shall be claimed and valued under clause 27.4 and shall be subject to the compliance by the Contractor with the procedures set out in clause 27.4 as if the Latent Condition were a variation directed by the Company. The Contractor is not entitled to recover any costs incurred prior to 14 days before the date of the notice given pursuant to clause 3.5.1.

Latent Conditions. 35.1 If the Service Provider becomes aware of a Latent Condition, it must give AMSA written notice within 24 hours after becoming aware of the latent condition, including any evidence to identify the Latent Condition. 35.2 As soon as practicable after providing initial written notice to AMSA and no later than 3 Business Days (or as otherwise agreed with the Instructing Officer) after becoming aware of the Latent Condition, the Service Provider shall provide AMSA with the following information: (a) the Latent Condition encountered and in what respects it differs materially from the reasonably expected site conditions. (b) the additional work and additional resources which the Service Provider estimates to be necessary to deal with the Latent Condition; (c) any other consequences that it anticipates may arise from the Latent Condition; (d) the time the Service Provider anticipates will be required to deal with the Latent Condition; (e) the Service Provider’s request for variation outlining the cost of the measures necessary to deal with the Latent Condition; and (f) other details reasonably required by AMSA. 35.3 Upon receipt of a notice described in clause 35.2, AMSA may issue a direction in respect of a Latent Condition, and the Contractor will be entitled to claim an extension of time for delays, and may be entitled to reimbursement of reasonable costs necessarily incurred as a consequence of the latent condition and directions issued for this purpose.

Latent Conditions. If TasNetworks accepts that a latent condition exists under clause 5.3(c) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition that TasNetworks accepts exists; (ii) a statement that: (1) any Connection Offer is withdrawn; or (2) the Connection Contract is terminated immediately, whichever is appropriate; (iii) a statement that the Customer may consider negotiating a connection contract with TasNetworks; and (iv) any statement required by law. If TasNetworks becomes aware of a latent condition at any time and TasNetworks has not already been informed by the Customer of the same latent condition under clause 5.3(a): (i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or (ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks. Where TasNetworks becomes aware of a latent condition in accordance with 6.2(b) it must give a notice to the Customer as soon as possible that specifies at a minimum: (i) the latent condition identified and the respects in which that condition differs from the anticipated condition of the site; and (ii) the information as set out under clauses 6.2(a)(ii) to (iv).

Latent Conditions. In the event of discovery of one or more latent conditions, OWNER will evaluate impact on Scope of Work and design and notify COMPANY in accordance with Clause 28.

Latent Conditions. If, from and after the Agreement Date, any latent conditions are discovered by Developer that impact the entire Property or any latent conditions are discovered by Developer that impact only a portion of the Property within any Phase, including, without limitation, any latent conditions impacting the Existing Structures which would materially increase the costs of developing any Phase of the Project, the following shall apply: (i) if the applicable latent conditions impact the entire Property and a Closing has not previously occurred hereunder with respect to any Phase of the Project or (ii) if the applicable latent conditions impact only a portion of the Property and Closing with respect to the applicable Phase of the Project to be developed thereon has not previously occurred, Developer shall have the right, in its sole and absolute discretion, to either (A) fund any costs required to address such conditions on its own and proceed with the development of the Project or the applicable Phase thereof, as the case may be, in accordance with the terms of this Agreement or (B) terminate this Agreement either as to the entire Project (where the applicable latent conditions impact the entire Property) or the applicable Phase thereof (where the applicable latent conditions impact only a portion of the Property), in which case the County shall, within fifteen (15) business days thereafter, pay to Developer an amount equal to the sum of the Development Approval Costs actually incurred by Developer in pursuit of the Development Approvals for the Project or the applicable Phase of the Project, as the case may be, subject however, to the Reimbursement Cap, and neither of the parties shall have any further liabilities or obligations hereunder, except those that expressly survive termination of this Agreement. After the Closing on each applicable Phase, the County shall have no liability with respect to any latent conditions discovered by Developer with respect to such Phase, and Developer shall be solely responsible for addressing such conditions in connection with Developer’s development of such Phase in accordance with the terms of this Agreement.

Latent Conditions. A.19.1 If, during the execution of the Works, the Contractor becomes aware of a Latent Condition, the Contractor must, within 3 Business Days of becoming aware of the Latent Condition, and before the Latent Condition is disturbed, give a written Notice to the Principal specifying: (a) the Latent Condition encountered and in what respects it differs materially from that which would have been expected; (b) the additional work and resources which the Contractor estimates to be necessary to deal with the Latent Condition; (c) the time the Contractor anticipates will be required to deal with the Latent Condition and the expected delay in achieving Practical Completion; (d) the Contractor’s estimate of the cost of the measures necessary to deal with the Latent Condition; and (e) other details reasonably required by the Principal. A.19.2 If a Latent Condition causes the Contractor to incur extra cost and the Contractor has given the Principal Notice in accordance with Clause A.19.1, the Principal will promptly investigate the Latent Condition and determine whether a variation is necessary, and if a variation is necessary, will issue a direction under Clause A.18.2 in respect of the Latent Condition. A.19.3 Where, pursuant to this Clause A.19, a valuation is to be made under Clause A.18.3, regard will not be had to the value of more work carried out or more cost incurred before the date on which the Contractor gives the written Notice required by Clause A.19.1.

Latent Conditions. (a) If the Customer becomes aware of a latent condition, or reasonably suspects that a latent condition may exist, at any time the Customer must inform TasNetworks as soon as possible. (b) If requested by TasNetworks in response to being informed under clause 5.3(a), the Customer must give TasNetworks a written notice of the general nature of the latent condition, or the suspected latent condition, and any other related information requested by TasNetworks. (c) If TasNetworks accepts that a latent condition exists: (i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or (ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks.