Other Unforeseen Conditions Sample Clauses

Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Contractor shall give notice to the Design Professional promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost or time required for performance of any part of the Work, the Design Professional may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Design Professional determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Design Professional shall so notify the Owner and the Contractor in writing, stating the reasons. Protest by either party of the Design Professional’s decision shall be in accordance with Section 5, Part 2.
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Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Design-Builder shall give notice to the Program Manager promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Program Manager shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost or time required for performance of any part of the Work, the Program Manager may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Program Manager determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Program Manager shall so notify the Owner and the Design-Builder in writing, stating the reasons. Protest by either party of the Program Manager’s decision shall be in accordance with Section 5, Part 2.
Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the Design-Builder shall give notice to the Executive Administrator promptly before conditions are further disturbed, but in no event later than two business days after the first observance of the conditions. The Executive Administrator shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-Builder's cost or time required for performance of any part of the Work, the Executive Administrator may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Executive Administrator determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Executive Administrator shall so notify the Owner and the Design-Builder in writing, stating the reasons. Protest by either party of the Executive Administrator’s decision shall be in accordance with Section 5, Part 2.

Related to Other Unforeseen Conditions

  • TEACHING CONDITIONS The parties recognize that the availability of optimum school facilities for both student and teacher is desirable to insure the high quality of education that is the goal of both the teacher and the Board. It is also acknowledged that the primary duty and responsibility of the teacher is to teach and that the organization of the school and the school day should be directed at insuring that the energy of the teacher is primarily utilized to this end.

  • BASIC CONDITIONS The State shall have no obligation to disburse money for the Project under this Grant Agreement until the Grantee has satisfied the following conditions:

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • SUSPENSIVE CONDITIONS 18.1 The Contract is subject to the suspensive condition that the Purchaser obtains a loan in the amount reflected in clause 7 of the SCHEDULE, forming part of the Purchase price payable by the Purchaser to the Seller for the Property, from a bank or other financial institution, against the security of a first mortgage bond over the Property in favour of such bank or financial institution, such loan to be approved in writing by such bank or financial institution within the period stipulated in clause 9 of the SCHEDULE.

  • Weather Conditions In the event of temporary suspension of work or during inclement weather or whenever the OWNER shall direct, the CONSTRUCTION MANAGER will, and will cause its Subcontractors to protect carefully its and their work and material against damage or injury from the weather. If, in the opinion of the OWNER, any Work or material shall have been damaged or injured by reason of failure on the part of the CONSTRUCTION MANAGER or any of its Subcontractors so to protect his work, said materials shall be removed and replaced at the expense of the CONSTRUCTION MANAGER.

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