Common use of Unforeseen Site Conditions Clause in Contracts

Unforeseen Site Conditions. In the event any conditions which are, or may be, protected under applicable Law or the Permits or any archeological resources or any other man-made or naturally occurring condition contained at the ground surface and below the surface of an area which pertains to the Work in which Contractor is permitted to dig pursuant to a dig permit, are found at the Site that differ materially from those set forth in the Information provided by the Owner regarding the Site (each such materially differing condition, an “Unforeseen Site Condition”), Contractor shall promptly notify Owner of such Unforeseen Site Condition and Owner and Contractor shall agree upon a plan to address or mitigate such condition. Any Change Orders required to address or mitigate an Unforeseen Site Condition shall be subject to the provisions of ARTICLE 7.

Unforeseen Site Conditions. In the event any conditions which are, or may be, protected under applicable Law or the Permits or any archeological resources or any other man-made or naturally occurring condition contained at the ground surface and below the surface of an area which pertains to the Work in which Contractor is permitted to dig pursuant to a dig permit, are found at the Site that differ materially from those set forth in the Information provided by the Owner regarding the Site (each such materially differing condition, an “Unforeseen Site Condition”), Contractor shall promptly notify Owner of such Unforeseen Site Condition and Owner and Contractor shall agree upon a plan to address or mitigate such condition. Any Change Orders required to address or mitigate an Unforeseen Site 31 Condition shall be subject to the provisions of ARTICLE 7.