Common use of Unforeseen Conditions Clause in Contracts

Unforeseen Conditions. If Subcontractor encounters conditions at the Project site which are a) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Subcontract Documents, or b) an unknown physical condition of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Agreement or (c) conditions which differ materially from those which should have been discovered if Subcontractor had performed the investigations, testing or inspections required to be performed by XYZ under the Prime Contract which Subcontractor agreed to perform pursuant to Section 1.3 above (in each case, an "Unforeseen Condition"), then Subcontractor shall deliver to XYZ notice of the Unforeseen Condition promptly before it is disturbed and in no event later than twenty-four (24) hours after first observance of the conditions. If the Prime Contract provides for procedures governing the discovery of an Unforeseen Condition, XYZ and Subcontractor shall comply with those procedures. To the extent the Prime Contract does not provide those procedures, the following shall apply: XYZ shall cause a prompt investigation of the Unforeseen Condition, which may in XYZ's discretion include a request to Owner and/or Architect to undertake the investigation. Provided that the Unforeseen Condition was not discoverable during the course of Subcontractor's review and investigation of the Agreement and field conditions pursuant to Section 1.3 above, and if XYZ, or Owner and Architect, as the case may be, determines the conditions at the Project site differ materially and causes an increase or decrease in the Subcontractor's cost of, or time required for, performing any part of the Work, an adjustment will be made to the Subcontract Price or time for performing the Work, or both, subject to allowability per the Prime Contract. The amount of the adjustment to the Subcontract Price and or time for performance of the Work, if any, shall in any event be limited to the amount of additional costs and or time which XYZ receives from Owner on Subcontractor's behalf based upon the claim submitted by Subcontractor. If XYZ, Owner, or Architect, as the case may be, determines that the conditions at the Project site are not materially different from those indicated in the Subcontract Documents or from those which should have been discovered by Subcontractor by performing investigations, testing, or inspections required by the Prime Contract, no equitable adjustment will be made to the Subcontract Price or time for performing the Work. Claims by Subcontractor in opposition to XYZ's determination must be made within the earlier of: a) twenty-one (21) Days after XYZ has given notice of the decision; or b) two (2) Business Days prior to the last day that XYZ may oppose a similar determination under the Prime Contract. Subcontractor's rights under this Section 6.9 are subject to XYZ's rights to oppose any determination by Owner or Architect under the Prime Contract or other agreement. Subject to the limitations herein, if XYZ and Subcontractor cannot agree on an adjustment to the Subcontract Price or time for performing the Work, the adjustment shall be resolved in accordance with Section 17.

Unforeseen Conditions. If Subcontractor encounters conditions at 35.1 If, during the Project site which are a) subsurface or otherwise concealed execution of the Contract, the Supplier shall encounter on the Site any physical conditions which differ materially from those indicated in (other than climatic conditions) or artificial obstructions that could not have been reasonably foreseen prior to the Subcontract Documents, or b) an unknown physical condition of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities date of the character provided for in Contract by an experienced and expert supplier of STS Crane OCR technology systems, on the Agreement or (c) conditions which differ materially from those which should have been discovered if Subcontractor had performed the investigations, testing or inspections required to be performed by XYZ under the Prime Contract which Subcontractor agreed to perform pursuant to Section 1.3 above (in each case, an "Unforeseen Condition"), then Subcontractor shall deliver to XYZ notice basis of reasonable examination of the Unforeseen Condition promptly before data relating to the Deliverables provided by HPC , and on the basis of information that it is disturbed and in no event later than twenty-four (24) hours after first observance could have obtained from a visual inspection of the conditions. If Site (if access thereto was available) or other data readily available to it relating to the Prime Contract provides for procedures governing the discovery of an Unforeseen Condition, XYZ and Subcontractor shall comply with those procedures. To the extent the Prime Contract does not provide those procedures, the following shall apply: XYZ shall cause a prompt investigation of the Unforeseen Condition, which may in XYZ's discretion include a request to Owner and/or Architect to undertake the investigation. Provided that the Unforeseen Condition was not discoverable during the course of Subcontractor's review and investigation of the Agreement and field conditions pursuant to Section 1.3 aboveDeliverables, and if XYZthe Supplier determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Supplier shall immediately, and before performing additional work or Owner works or using additional Supplier's Equipment or Works, notify, if applicable, the HPM in writing of: 35.1.1 The physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen by an experienced and Architectexpert Supplier, as and the case may bereasons for that; 35.1.2 The additional work and/or works and/or Supplier's Equipment required, determines including the steps which the Supplier will or proposes to take to overcome such conditions at or obstructions; 35.1.3 The extent of the Project site differ materially anticipated delay; 35.1.4 The additional cost and causes expense that the Supplier is likely to incur. 35.2 On receiving any notice from the Supplier under this Sub-Clause 35.1, the HPM shall consult with the Supplier and decide, based upon his professional judgment and in his discretion, if any such alleged physical conditions or artificial obstruction could not have been reasonably foreseen prior to the date of the Contract by an increase or decrease experienced and expert supplier for STS Crane OCR technology systems. Following such consultations and in the Subcontractor's cost ofexercise of his professional discretion, or time required for, performing any part the HPM shall instruct the Supplier of the Work, an adjustment will actions to be made to the Subcontract Price or time for performing the Work, or both, subject to allowability per the Prime Contract. The amount of the adjustment to the Subcontract Price and or time for performance of the Worktaken, if any, shall in any event be limited to overcome the amount of additional costs and physical conditions or time which XYZ receives from Owner on Subcontractor's behalf based upon the claim submitted by Subcontractor. If XYZ, Owner, or Architect, as the case may be, determines that the conditions at the Project site are not materially different from those indicated in the Subcontract Documents or from those which should artificial obstructions alleged to have been discovered by Subcontractor by performing investigations, testing, or inspections required by the Prime Contract, no equitable adjustment will be made to the Subcontract Price or time for performing the Work. Claims by Subcontractor in opposition to XYZ's determination must be made within the earlier of: a) twenty-one (21) Days after XYZ has given notice of the decision; or b) two (2) Business Days prior to the last day encountered. 35.3 In case that XYZ may oppose a similar determination under the Prime Contract. Subcontractor's rights under this Section 6.9 are subject to XYZ's rights to oppose any determination by Owner or Architect under the Prime Contract or other agreement. Subject to the limitations herein, if XYZ and Subcontractor cannot agree on an adjustment to the Subcontract Price or time for performing the Work, the adjustment shall be resolved unforeseen conditions exist in accordance with Section 17the provisions of this Clause 35 resulted in any reasonable additional costs incurred by the Supplier, all within the discretion of the HPM, in following the instructions from the HPM to overcome such physical conditions or artificial obstructions referred to in Sub- Clause 35.1, shall be paid by HPC to the Supplier as an addition to the ACP Price in accordance with the principles applicable to changes pursuant to Clause 38 herein. 35.4 If the Supplier is actually delayed or impeded in the "critical path" of the project for its performance of the Contract because of any such physical conditions or artificial obstructions referred to in Clause 35, the Date for Acceptance of the relevant Deliverables shall be extended in accordance with Clause 39.