NO RELIEF FOR DIFFERING CONDITIONS Sample Clauses

NO RELIEF FOR DIFFERING CONDITIONS. (a) Contractor specifically acknowledges and accepts the risk of mistake or error relating to all matters within the scope of Section 20.1 hereof (PROVIDED that for the avoidance of doubt the Parties hereby acknowledge and agree that this Article 20 does not impose on Contractor the risk of mistake or error in the documentation attached hereto constituting the Electrical Interconnection Requirements, the PPA Operating Requirements or the Real Estate Rights), and agrees that, except as expressly set forth in Section 20.3 hereof, no adjustment shall be made to any of the Contract Price, the Guaranteed Completion Dates, the Construction Progress Milestone Dates, the Payment and Milestone Schedule, the Performance Guarantees, the Project Schedule or any other provisions of this Agreement 117 which may be affected thereby should any difficulties, hazards or conditions on, about or under the Facility Site be different from or in addition to those identified by Contractor through its inspections and examinations referenced in Section 20.1 hereof, except in the event and only to the extent directly caused by any archaeological or other manmade subsurface condition that was not known to Contractor prior to its execution of this Agreement and is not a condition which would have been identified by a contractor exercising the degree of skill, diligence, prudence and foresight regularly exercised by a skilled and experienced professional contractor in Contractor's position. In the event and only to the extent Contractor is delayed or incurs costs or expenses as a direct result of any such unknown archaeological or other manmade subsurface condition despite Contractor's reasonable efforts to avoid or mitigate such delay, costs or expenses, Contractor shall be entitled to a Scope Change hereunder; PROVIDED, HOWEVER, that Contractor shall not be entitled to a Scope Change in the event and only to the extent Contractor fails to act reasonably under the prevailing conditions upon discovering such unknown archaeological or manmade subsurface condition.
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Related to NO RELIEF FOR DIFFERING CONDITIONS

  • Default in Performance of Other Covenants and Conditions The Borrower or any other Credit Party shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for otherwise in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after written notice thereof has been given to the Borrower by the Administrative Agent.

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Failed or Returned Transactions In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  • Particular Methods of Procurement of Consultants’ Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection.

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11:

  • Other Methods of Procurement of Consultants’ Services The following table specifies methods of procurement, other than Quality and Cost-based Selection, which may be used for consultants’ services. The Procurement Plan shall specify the circumstances under which such methods may be used. Procurement Method

  • Differing Site Conditions (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site(s), of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

  • FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 19.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the affected Party shall give notice and full particulars in writing to the other Party, of such occurrence or cause if the affected Party is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The affected Party shall also notify the other Party of any other changes in condition or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in condition or occurrence, the affected Party shall also submit a statement to the other Party of estimated expenditures that will likely be incurred for the duration of the change in condition or the event of force majeure. On receipt of the notice or notices required hereunder, the Party not affected by the occurrence of a cause constituting force majeure shall take such action as it reasonably considers to be appropriate or necessary in the circumstances, including the granting to the affected Party of a reasonable extension of time in which to perform any obligations under the Contract.

  • Performance of Covenants and Satisfaction of Conditions To use its reasonable best efforts to do and perform all things required to be done or performed under this Agreement by the Company prior to each Closing Date and to satisfy all conditions precedent to the delivery of the Firm Stock and the Optional Stock.

  • Default in Performance of Certain Covenants Any Borrower or any other Credit Party shall default in the performance or observance of any covenant or agreement contained in Sections 7.1, 7.2 or 7.4(a)(i)(A) or Articles IX or X.

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