CHANGED CONDITION Clause Samples

CHANGED CONDITION. 10.01 If a Changed Condition occurs during the course of the Work, the following applies: (a) The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative and the Company Representative shall meet to attempt to deal with the condition. (b) 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 either Party so elects, the Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed, and shall be entitled to no further payment.
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CHANGED CONDITION. 10.01 If a Changed Condition occurs during the course of the Work, the following applies: (a) The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative and CoastalNRM Representative shall meet to attempt to deal with the condition. (b) 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 either Party so elects, the following shall apply: (i) The Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed; (ii) If the payment under (i) is for 90% or greater of the original total volume of Work the Contractor shall be entitled to no additional payments; (iii) If the payment under (i) is for less than 90% of the original total volume of Work the Contractor shall be entitled to an additional payment calculated as 15% of the Shortfall that is less than 90% of the original volume of Work multiplied by the average price per unit as shown in the following equation: 0.15 x (0.90 x [original volume of Work] minus [volume of Work completed]) x (average price per unit).
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CHANGED CONDITION. Nothing in this Agreement shall relieve the Contractor from its responsibility to comply with all applicable provisions of the Forest & Range Practices Act and its regulations. 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. 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 either Party so elects, the Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed and shall be entitled to no further payment.
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CHANGED CONDITION. On the rare occasion when the lake levels change between the date of this lease and the time of occupancy so that the Slip can no longer accommodate the vessel, Lessee shall notify the Lessor and the Lessor shall have 30 days following notice to correct the depth. Thereafter, if the depth cannot be corrected, this Lease shall be null and void ab initio. Should this lease terminate as a result, Lessor shall forthwith refund all funds paid by the Lessee with the exception of those fees assessed by Moorings for processing this lease Agreement.
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CHANGED CONDITION. If the Contractor finds latent conditions which differ from those outlined in the contract or specifications which differ from customary work,
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CHANGED CONDITION. 25 3 20. Indemnity ........................................ 26 21. Termination ...................................... 27 22. Inventory ........................................ 28
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CHANGED CONDITION. In the event that Owner directs Operator to perform ----------------- different Services or to perform the Services differently, or in the event of Force Majeure, or changes in the Power Purchase Agreement or any Facility energy sale agreements, that result in increased costs to Operator during a Contract Year, Operator shall be entitled to a Target Budget adjustment reflecting the reasonable value of any such increased costs from such event, and the parties agree to adjust such other provisions of this Agreement that are directly affected thereby, such adjustments to be consistent with the economic expectations and the intent of the parties hereunder.
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CHANGED CONDITION. If during the course of the performance of the Services under this Agreement, conditions or circumstances develop or are discovered which were not contemplated by Netway at the commencement of this Agreement, and which materially affect Netway’s ability to perform the Services and /or which would materially increase the costs to Netway of performing the Services, then Netway shall notify Customer in writing of the newly discovered conditions or circumstances, and Netway and Customer shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Netway may terminate this Agreement without further obligation and be compensated as set forth under Termination, herein.
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CHANGED CONDITION. If during the course of the performance of the Services under this Agreement, conditions or circumstances develop or are discovered which were not contemplated by I&T at the commencement of this Agreement, and which materially affect I&T’s ability to perform the Services and/or which would materially increase the costs to I&T of performing the Services, then I&T shall notify Customer in writing of the newly discovered conditions or circumstances, and I&T and Customer shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, I&T may terminate this Agreement without further obligation and be compensated as set forth under Termination, herein.
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Related to CHANGED CONDITION

  • Changed Conditions When it is agreed that the completion of certain work or other requirements hereunder would no longer serve the purpose intended because of substantial change in the physical conditions of Sale Area or Included Timber since the date of this contract, the requirements shall be waived in writing. The estimated cost of such waived work or other requirement shall be charged to Timber Sale Account.

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.