Soil and Terrain Inspection Sample Clauses

Soil and Terrain Inspection. Contractor acknowledges that prior to the execution of this Agreement Owner has made a preliminary examination of the nature and character of the soil and terrain of the Facility Site, the results of which were furnished to Contractor by Owner prior to the execution date hereof, and Contractor has performed an additional, more complete and careful geotechnical survey and analysis of the nature, character and condition of the soil and terrain of, or near, the Facility Site in order to determine any additional material difficulties on or about or near the Facility Site (including without limitation the presence and effect of any artifacts or other items of historical or archaeological significance and any wetlands (but excluding any Hazardous Materials) on or about or near the Facility Site). No later than October 1, 1998, Contractor shall prepare and deliver to Owner a comprehensive report on any additional material difficulties with the condition of the Facility Site identified by such more complete examination that were not previously identified by Owner's preliminary examination. In addition, Owner shall have the right, in its sole discretion, to prepare and deliver to Contractor no later than thirty (30) days prior to the Commencement Date an environmental assessment report of the Facility Site. If Owner's environmental report (if any) reveals any additional material difficulties, hazards or conditions at or near the Facility Site incident to the performance of the Services that were not previously identified in the preliminary examination by Owner delivered to Contractor prior to the execution hereof, then Contractor shall have the right, to be exercised no later than thirty (30) days after receipt of each such report, to request a Scope Change providing for such equitable adjustments (if any) in one or more of the Contract Price, the Guaranteed Completion Dates, the Construction Progress Milestone Dates, the Payment and Milestone Schedule, the Performance Guarantees, the Project 144 Schedule and, as appropriate, such other provisions of this Agreement which may be affected thereby, in each case as may be reasonably warranted by such material differences or additions, in which event Owner shall have the option of (a) granting such a Scope Change on terms mutually and reasonably agreeable to Owner and Contractor or (b) terminating this Agreement without any liability of either Party to the other, subject to the provisions of Section 15.1 hereof.
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Related to Soil and Terrain Inspection

  • IN INSPECTION Before, at the time of the Tenant accepting possession, or shortly thereafter, the Landlord and Tenant: (check one) ☐ - Agree to inspect the Premises and write any present damages or needed repairs on a move-in checklist. ☐ - Shall not inspect the Premises or complete a move-in checklist.

  • Safety Inspection During inspection of County facilities conducted by the State Division of Occupational Safety and Health for the purpose of determining compliance with the California OSHA requirements, an OCEA designated employee shall be allowed to accompany the inspector while the inspector is in the employee's agency/department. The employee so designated shall suffer no loss of pay when this function is performed during the employee's regularly scheduled work hours.

  • MOVE-IN INSPECTION Before, at the time of the Tenant accepting possession, or shortly thereafter, the Landlord and Tenant: (check one) ☐ - Agree to inspect the Premises and write any present damages or needed repairs on a move-in checklist. ☐ - Shall not inspect the Premises or complete a move-in checklist.

  • Goods Inspection The Commissioner of DAS, in consultation with the Client Agency, shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the Client Agency or the Commissioner of DAS may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.

  • Inspections and Tests 26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC.

  • Inspection and Testing Each Constructing Entity shall cause inspection and testing of the Interconnection Facilities that it constructs in accordance with the provisions of this section. The Construction Parties acknowledge and agree that inspection and testing of facilities may be undertaken as facilities are completed and need not await completion of all of the facilities that a Constructing Entity is building.

  • Site Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner that are designated for the use of the Contractor. Also referred to as Project Site, Job Site and Premises.

  • Inspection and Tests 3.8.1 The Procuring entity or its representative shall have the right to inspect and/or to test the goods to confirm their conformity to the Contract specifications. The Procuring entity shall notify the tenderer in writing in a timely manner, of the identity of any representatives retained for these purposes.

  • Environmental Inspections In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right, from time to time, during normal business hours and upon not less than five (5) Business Days written notice to Tenant (except in the case of an emergency that constitutes an imminent threat to human health or safety or damage to property, in which event Landlord shall undertake reasonable efforts to notify a representative of Tenant as soon as practicable under the circumstances), to conduct an inspection of the Leased Property or any portion thereof (and Tenant shall be permitted to have Landlord or its representatives accompanied by a representative of Tenant) to determine the existence or presence of Hazardous Substances on or about the Leased Property or any portion thereof. In the event Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4, Landlord shall have the right to enter and inspect the Leased Property or any portion thereof, conduct any testing, sampling and analyses it reasonably deems necessary and shall have the right to inspect materials brought into the Leased Property or any portion thereof. Landlord may, in its discretion, retain such experts to conduct the inspection, perform the tests referred to herein, and to prepare a written report in connection therewith if Landlord has a reasonable basis to believe that Tenant is in breach of its obligations under Sections 32.1 through 32.4. All costs and expenses incurred by Landlord under this Section 32.6 shall be the responsibility of Landlord, except solely to the extent Tenant has breached its obligations under Sections 32.1 through 32.5, in which event such reasonable costs and expenses shall be paid by Tenant to Landlord as provided in Section 32.4. Failure to conduct an environmental inspection or to detect unfavorable conditions if such inspection is conducted shall in no fashion constitute a release of any liability for environmental conditions subsequently determined to be associated with or to have occurred during Tenant’s tenancy. Tenant shall remain liable for any environmental condition related to or having occurred during its tenancy regardless of when such conditions are discovered and regardless of whether or not Landlord conducts an environmental inspection at the termination of this Lease. The obligations set forth in this Article XXXII shall survive the expiration or earlier termination of this Lease but in no event shall Article XXXII apply to matters first occurring after the later of (x) the end of the Term and (y) the date upon which Tenant shall have vacated the Leased Property and surrendered the same to Landlord, in each case to the extent such matters are not or were not caused by the acts or omissions of Tenant in breach of this Lease.

  • Environmental Inspection 10 ARTICLE XI................................................................ 11 11.1 Modifications, Substitutions and Replacements............... 11

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