Changed Condition definition

Changed Condition means a materially changed physical condition at the Work Area which was not foreseen by the Contractor and which would not have been reasonably foreseen by a reasonable contractor who, before submitting its tender, conducted a thorough investigation of the work to be done to complete the Work, including a thorough inspection of the Work Area and review of all information available from the Province to persons wishing to submit tenders, but does not include any weather conditions or natural events;
View Source
Changed Condition means any act, event or condition that (1) is beyond the reasonable control of the affected party, (2) could not reasonably have been assumed, anticipated or provided for in the Design- Builder’s Proposal, and (3) materially expands the scope, interferes with, delays, or increases the cost of performing the Design-Build Work under the Contract, to the extent that such act, event or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Contract on the part of the party claiming the occurrence of a Changed Condition.
View Source
Changed Condition has the meaning given in GC 8.1.
View Source

Examples of Changed Condition in a sentence

  • If, notwithstanding Seller’s election not to effectuate such remedy, Buyer elects to consummate the purchase of the Property, Seller shall not be liable to Buyer as a result of any inaccuracy in any representation or warranty of Seller contained herein that results from such Changed Condition.

  • If, during the performance of the Work, SUBCONTRACTOR believes that a Material Changed Condition is impacting or will impact the Work requiring additional time and/or compensation, SUBCONTRACTOR shall provide written notice of same to PG&E ES within Three (S) working days of SUBCONTRACTOR's notice of such Changed Condition, the anticipated time of delay and/or the estimated additional costs associated with the Material Changed Condition.

  • If PG&E ES agrees that there is a Material Changed Condition, a new or amended Work Order shall be issued to increase time and/or compensation.

  • If the Changed Condition is so substantial that amending the Agreement to deal with the change would change the essential nature of the Work, then either Party may elect not to proceed with the Work any further and the contract shall be brought to an end.

  • If a Changed Condition occurs during the course of the Work, the following applies: The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative and the WLCF Representative shall meet to attempt to deal with the condition.


More Definitions of Changed Condition

Changed Condition shall have the meaning assigned thereto in Section 3.2(d).
View Source
Changed Condition has the meaning given it in Section 3.3. 4845-8795-9782.4
View Source
Changed Condition means (a) the enactment or promulgation of any new law, regulation or charge or any change to any existing law, regulation or charge occurring after the Effective Date, or (b) a change to any permit, license, lease agreement, consent or
View Source
Changed Condition shall have the meaning as set forth in Section 8.2(e).
View Source
Changed Condition means any event of force majeure, or the occurrence of fire, flood, explosion, disaster, strike, materials unavailability, delays in obtaining permits and approvals, unforeseen tasks including mitigation, that may be required by administrative or judicial decision, impacted soils or other environmental conditions encountered during construction, the need to secure permits and approvals from any public agency claiming jurisdictional authority or responsibility over regulating or permitting Project work, judicial or administrative injunctions, unexpected physical conditions, a failure of the Public Partners to construct the Railroad Portal in compliance with the parameters set forth in Exhibit A-2, or any other cause beyond the reasonable control of any Party, including delays and errors relating to the construction of the Project not caused by such Party.
View Source
Changed Condition means (x) the enactment or promulgation of any new law, regulation or charge or any change to any existing law, regulation or charge occurring after the date on which the Services Agreement was executed by the parties thereto, or (y) a change to any permit, license, lease agreement, consent or approval required to perform the Services in accordance with the terms of the Services Agreement and occurring after the date on which the Services Agreement was executed by the parties thereto. In the event Customer objects to any changes to Provider’s proposed fees pursuant to this Section 9(m), Customer shall provide written notice of such objection to Gamerati within ten (10) days of the Notification. If Customer does not provide such written notice, then the parties shall amend the applicable Services Agreement accordingly to reflect such change in fees in accordance with Section 20(e) below. If Customer objects in writing to any changes in proposed fees, the parties shall use their good faith efforts to negotiate and reach agreement regarding the proposed fees within ten business days after receipt of Customer’s written notice of objection to the proposed fees. Notwithstanding anything to the contrary contained in the Services Agreement, if the Parties are unable to reach agreement within the ten (10) day period described in the preceding sentence, then Provider may terminate the impacted Services Agreement upon written notice to Customer, and Customer shall pay all Charges due and outstanding through the date of termination. Provider shall not be liable for the failure to meet performance commitments due to a Changed Condition or a change in an Operating Parameter, unless Provider specifically agrees in writing to the contrary.
View Source
Changed Condition is a change in the baseline conditions defined in this contract that may materially impact the Vendor’s performance or costs in operating and maintaining the SEWPP which are beyond
View Source