Common use of Differing Site Conditions; Inspection Clause in Contracts

Differing Site Conditions; Inspection. 11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition.

Appears in 15 contracts

Samples: Lump Sum Design Build Contract (Ethanol Grain Processors, LLC), Master Agreement (US BioEnergy CORP), License Agreement (Highwater Ethanol LLC)

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Differing Site Conditions; Inspection. 11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(scontract time(s) to the extent Design-Builder’s 's cost and/or time of performance are materially adversely impacted by the Differing Site Condition.

Appears in 2 contracts

Samples: License Agreement (Green Plains Renewable Energy, Inc.), License Agreement (Green Plains Renewable Energy, Inc.)

Differing Site Conditions; Inspection. 11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an Cardinal Ethanol, LLC December 14, 2006 adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition.

Appears in 1 contract

Samples: License Agreement (Cardinal Ethanol LLC)

Differing Site Conditions; Inspection. 11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(scontract time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition.

Appears in 1 contract

Samples: Lump Sum Design Build Contract (Advanced BioEnergy, LLC)

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Differing Site Conditions; Inspection. 11.2.1 11.2.1. Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(scontract time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition.

Appears in 1 contract

Samples: License Agreement (US BioEnergy CORP)

Differing Site Conditions; Inspection. 11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature, differing from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as “Differing Site Conditions.” If First United Ethanol, LLC November 16, 2006 Design-Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing Site Condition.

Appears in 1 contract

Samples: License Agreement (First United Ethanol LLC)

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