Unanticipated Conditions Clause Samples

Unanticipated Conditions. 7.1 Should ECI encounter any conditions at the premises of a Customer which were not reasonably anticipated or which increase the risk involved in ECI’s completion of its obligations under this Agreement, upon notice to Customer, ECI may, in its sole discretion: (a) continue to perform under the Agreement; (b) suspend activities and prepare a change order request prior to proceeding; or (c) terminate all Services under the Agreement. Such termination shall not be a breach of this Agreement by ECI.

Unanticipated Conditions. If any unanticipated conditions exist or arise at the site where the Turnkey Services are being provided that could not reasonably have been anticipated or discovered by PG&E (such as Hazardous Materials, environmental conditions or pollution) and that would involve the incurrence by PG&E of any expenses to correct such conditions, PG&E may cease work and request that Customer mitigate such circumstances or it may submit a request for a modification of the work order to cover any corrective work and payment of related expenses. The Parties will negotiate a modification to the work order which is agreeable to both Parties. If the Parties are unable to reach agreement PG&E will suspend its performance under the applicable work order until such time as the disagreement has been resolved pursuant to the Dispute Resolution process set forth in Section III.C. and the modified work order has been executed by both Parties.

Unanticipated Conditions. Contractor has conducted a full and complete visual inspection of the Site, including: (a) the readily apparent surface conditions of any areas where the System will be installed in or on the ground, including areas where utilities are located such as manhole covers, pull boxes, marked underground service areas, etc.; (b) all staging, storage, delivery, and other areas necessary to perform the Work; (c) ingress to and egress from the Site for all supplies, personnel and Equipment; and (d) all as-built drawings, Site layout, easement and other documentation provided by Customer to Contractor as set forth in Exhibit C and Exhibit H. Contractor will document and provide to Customer all findings in regard to the aforementioned inspection within thirty (30) days of completion of documentation in Exhibit H. If any conditions exist, arise or are discovered at the Sites that differ materially from: (i) the information contained in the documents referenced in Exhibit C and Exhibit H; (ii) the assumption that the soils at the Sites are Class 1, 2, or 3 as defined in the 2010 California Building Code; or (iii) those conditions that Contractor discovered or should have reasonably discovered based on the inspections set forth in the first sentence of this Section 2.4, including without limitation, conditions, related to Hazardous Materials or archeological findings, soils conditions, or subsurface obstructions, and involve the incurrence by Contractor of any material expenses to correct or accommodate such conditions (hereinafter, “Unanticipated Condition”), Contractor shall submit a request for approval of a Change Order and payment of the related expenses to Customer. Customer and Contractor may mutually agree to reduce portions of the Work to offset the Change Order request to comply with Customer budget limits.

Unanticipated Conditions. In the event that (a) there are (i) subsurface conditions at the Site that are significantly different than identified in the initial and second geotechnical investigations and that require drilling, blasting or other means of removing rock or stabilizing soils in order to install the System, or (ii) structural conditions of any building that must be corrected or strengthened in order to install the System; or (b) Contractor discovers the presence of Hazardous Materials, environmental conditions, pollution or archeological materials at the Site ((a) and (b) collectively referred to as “Unanticipated Conditions”), Contractor shall stop Work and give prompt written notice of the condition to Client. Contractor shall obtain written agreement from Client before performing any work impacted by the Unanticipated Conditions. For the avoidance of doubt, in no event shall any condition identified in either the initial or the second geotechnical investigation be deemed an Unanticipated Condition.

Unanticipated Conditions. Contractor has conducted a full and complete visual inspection of each Site, including (a) the readily apparent surface conditions of any areas where a System will be installed in or on the ground, including areas where utilities are located such as manhole covers, pull boxes, marked underground service areas, etc., (b) all staging, storage, delivery, and other areas necessary to perform the Work,

Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site, including but not limited to environmental conditions, pollution, or archeological findings, which conditions would involve the incurrence by Generator of any expenses to correct such conditions, Generator shall submit a request for approval of the corrective work and payment related to any expenses to Customer, or Customer may perform the corrective work with its own forces or contractors. The additional work resulting therefrom shall be paid for by Customer. Customer may terminate the Agreement if it determines not to proceed with the cost of performing the corrective work, in which case Customer shall reimburse Generator for its actual costs incurred through the termination date. Customer shall not be responsible for such unusual or unanticipated conditions, which would have been anticipated by Generator when it completed due diligence pursuant to its obligations in Section 4.1.4.

Unanticipated Conditions. If Contractor discovers or becomes aware of existing site conditions or other considerations which would preclude Contractor from installing the proposed system, (such conditions include, but are not limited to toxic or other hazardous materials, flooding considerations, the presence of rare or endangered species, permitting and/or zoning requirements, and liens or other legal considerations), then Contractor will notify District of such conditions and the costs associated with correcting such conditions. The ability of the structure to support the System and current structural loading capacity of the proposed installation location are specifically excluded from such unanticipated conditions. Contractor shall request a Change Order in accordance with Section 2.4. In no case shall Contractor be under any obligation to install the System if the Parties cannot come to mutually agreeable terms to resolve the unanticipated conditions.

Unanticipated Conditions. Pursuant to ▇.▇. ▇. 30, §39N, if, during the progress of the Work, the Contractor or the City discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents, either the Contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from the Contractor, or upon its own initiative, the City shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the Work or a change in the construction methods required for the performance of the Work which results in an increase or decrease in the cost of the Work, the City shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly, or the City may choose to terminate this Contract pursuant to Article XV, hereunder.

Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site (such as hazardous materials, environmental conditions, pollution or archeological findings), which conditions would involve the incurrence by Contractor of any expenses to correct such conditions, Contractor shall submit a request for approval of the corrective work and payment of the related expenses to Owner, which approval shall not be unreasonably withheld, conditioned or delayed. The additional work resulting therefrom will be paid for by Owner as extra Work pursuant to Section 7. ***