Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site such as Hazardous Materials, structural or geotechnical deficiencies, environmental conditions, pollution or archeological findings not known to Developer as of the Effective Date (collectively, “Unanticipated Conditions”), which conditions would involve the incurrence by Developer of any expenses or delays to correct such conditions, Developer shall submit a request for approval of the corrective work and payment of the related expenses to Owner pursuant to a Change Order, the approval of which by Owner shall not be unreasonably withheld, conditioned or delayed, and such corrective work shall be deemed incorporated into the Scope of Work and such related expenses shall increase the amount of the Agreement Price; provided, however, if any Unanticipated Conditions exist or arise then the Change Order submitted by Developer in connection with such Unanticipated Conditions shall be deemed to be automatically approved by Owner.
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Sources: Solar Power Facility Implementation Agreement, Solar Power Facility Implementation Agreement
Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the Site such as Hazardous Materials, structural or geotechnical deficiencies, environmental conditions, pollution or archeological findings not known to Developer the Owners as of the Effective Date (collectively, “Unanticipated Conditions”), which conditions would involve the incurrence by Developer of Owners incurring any expenses or delays to correct such conditions, Developer the Owners shall submit a request for approval of the corrective work and payment of the related expenses to Owner expense pursuant to a Change Order, the approval of which by Owner AWWU shall not be unreasonably withheld, conditioned or delayed, and such corrective work shall be deemed incorporated into the Scope of Work and such related expenses shall increase the amount of the Agreement PriceWork; provided, however, if any Unanticipated Conditions exist or arise that are contrary to those set forth on Schedule 3.5 or Exhibit B, then the Change Order submitted by Developer the Owners in connection with such Unanticipated Conditions shall be deemed to be automatically approved by OwnerAWWU. All change orders under this Agreement shall be fulfilled at the sole expense of the Owners.
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