Subsurface Conditions definition
Examples of Subsurface Conditions in a sentence
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Subsurface Conditions: Where investigation of subsurface conditions have been made by Owner in respect to foundation or other design, Contractor may inspect Owner's records of such investigation, including examination of samples and drill cores, if any.
Notwithstanding the above, Contractor shall remain liable for, at its sole cost and expense, the disposal of all materials developed or obtained in the excavation or other operations of Contractor, any Subcontractor or Sub-subcontractor (excluding Pre-Existing Hazardous Materials and Unforeseen Subsurface Conditions, if any).
No error or omission in any information supplied to the Design-Builder by or on behalf of the Owner shall constitute an Uncontrollable Circumstance, or relieve the Design-Builder from any of its obligations or entitle the Design-Builder to any increase in compensation hereunder, except to the extent provided in Section 3.4 (Geotechnical and Regulated Site Conditions) with respect to Specified Subsurface Conditions, Regulated Site Conditions and Differing Geotechnical Conditions.
Contractor shall take all reasonable steps to secure Concealed Subsurface Conditions, including fencing and avoiding further disturbance and shall at all-time comply with Applicable Laws.
Except to the extent provided in Section 3.4 (Geotechnical and Regulated Site Conditions) with respect to Specified Subsurface Conditions and Regulated Site Conditions, the Design-Builder shall assume all risks associated with such activities and shall indemnify, defend and hold harmless the Owner Indemnitees in accordance with and to the extent provided in Section 9.5 (Indemnification by the Design-Builder) from and against all Loss-and-Expense resulting therefrom.
Nothing in this Section shall be deemed to limit or otherwise affect the scope of the Owner’s obligations with respect to Specified Subsurface Conditions, Regulated Site Conditions and Differing Geotechnical Conditions, as expressly set forth in Section 3.4 (Geotechnical and Regulated Site Conditions) of this Design-Build Agreement.
On and after the Construction Date, the Design-Builder shall not be entitled to any such relief in the event that it encounters unexpected subsurface conditions at the Project Site except for Specified Subsurface Conditions or Regulated Site Conditions, regardless of the adverse affect such discovery may have on the Design-Builder.
Prior to commencement of any Equipment Supply Obligations at the Project Site, Buyer shall evaluate or cause to be evaluated the Soil and Subsurface Conditions (including the presence of caverns or voids) where the Equipment Supply Obligations are to be performed and inform Supplier of any area of sensitivity identified.
Concealed Subsurface Conditions shall not include conditions handled or mitigated by Contractor utilizing equipment planned to perform that component of the Work within a reasonable period of time.