Common use of Unanticipated Conditions Clause in Contracts

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 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 4.1.44.1.5.