Common use of Unforeseen Site Conditions Clause in Contracts

Unforeseen Site Conditions. Without prejudice to Clause 10.4 above, if during the execution of the Project, the Concessionaire encounters any adverse physical conditions, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, including as a result of a failure by any contractor appointed by the Authority to rehabilitate the Site or level the Site prior to its handover to the Concessionaire, the Concessionaire may seek a Variation in accordance with Clause 31.3. Upon receipt of a request for a Variation due to unforeseen Site conditions, if, in the opinion of the Independent Engineer, such conditions could not have been reasonably foreseen by a prudent developer acting in accordance with Good Industry Practices or if such conditions are the result of the Authority not having fulfilled its obligations under the Agreement, in each case as evidenced by a notice issued by the Independent Engineer to the Authority and the Concessionaire, then Authority shall issue a Variation Order in accordance with Article 31. Any decision of Authority regarding the existence of any unforeseen Site conditions shall be final and binding.