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.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement