Unforeseen Condition definition

Unforeseen Condition is defined as an unanticipated condition, particular to the Building, which was unknown to Landlord’s architect and is not readily apparent or customary to the type of work included within the scope of the Tenant Improvements. If the Construction Documents cannot be modified to accommodate the Unforeseen Condition without increasing the Total Project Costs, and if the Unforeseen Condition exceeds the Improvement Allowance, then the amount of such excess caused by the Unforeseen Condition shall be paid 50% by Landlord and 50% by Tenant.

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Unforeseen Condition. A condition or event described in Section 2.7.A (Unforeseen Conditions).

Unforeseen Condition means conditions at a site where work is performed in connection with the respective Lateral Connection that are (1) subsurface or otherwise concealed physical conditions that differ materially from what could reasonably have been expected to have been present, or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for hereunder.

Examples of Unforeseen Condition in a sentence

• If GPC encounters an Unforeseen Condition in connection with any GPC Activity, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the condition or agrees to reimburse all GPC costs arising from the condition.

• Customer is responsible for all costs of modification or change to GPC Assets requested by Customer or dictated by an Unforeseen Condition or circumstance outside GPC’s control.

• Customer is responsible for all costs of modification or change to the APC Assets requested by Customer or dictated by an Unforeseen Condition or circumstance outside APC’s control.

• If APC encounters an Unforeseen Condition, APC, in its sole discretion, may stop all APC Activity until Customer either remedies the condition or agrees to reimburse all APC costs arising from the condition.

• If the Construction Documents cannot be modified to accommodate the Unforeseen Condition without increasing the Total Project Costs, and if the Unforeseen Condition exceeds the Improvement Allowance, then the amount of such excess caused by the Unforeseen Condition shall be paid 50% by Landlord and 50% by Tenant.

• Notwithstanding anything set forth herein, if and to the extent that it is determined by Landlord’s architect or contractor that the Tenant Improvements cannot be completed without additional costs caused only by a preexisting Unforeseen Condition (defined below), then Landlord and Tenant shall cooperate to modify the Construction Documents to accommodate such Unforeseen Condition without increase to the Total Project Costs.

• If Lessor elects to cure any Unforeseen Condition, Lessor shall cure the same within such period to be reasonably agreed upon in writing by Lessor and Lessee based on an independent third party contractor estimate of the time for such cure, and to the extent such cure results in an actual delay in the Development Completion Date, the Outside Development Completion Date shall be extended by such period.

• Unless determined to be an Unforeseen Condition, Contractor is further responsible as part of the Contract Price for all open cut trenching or excavation sidewall sloughing including replacement with specified backfill.

• If an Unforeseen Condition is encountered, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the Unforeseen Condition or agrees to reimburse all GPC expenses arising from the Unforeseen Condition.

• If GPC encounters an Unforeseen Condition, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the condition or agrees to reimburse all GPC costs arising from the condition.

More Definitions of Unforeseen Condition

Unforeseen Condition means any condition affecting the Building structure or Building systems (i) which increases the cost to Tenant of performing any item of Tenant's Required Work above the amount of the work allowance provided by Landlord to Tenant for the performance thereof as specified on Exhibit Q annexed hereto and (ii) which Tenant did not have actual knowledge of prior to the date of this Lease, or reasonably should have had knowledge of based upon the joint inspection of the Premises, the Building structure and Building systems conducted by Landlord and Tenant prior to the date of this Lease.

Unforeseen Condition means, collectively or individually, (i) the presence of hazardous substances or materials, underground storage tanks, or other contaminants or contaminated conditions on the Hotel Land that are not known or reasonably foreseeable as of the Commencement of Construction; (ii) soil conditions in the Hotel Land adversely affecting the Construction Work that are not reasonably foreseeable upon Developer’s performing or causing to be performed all geotechnical and other soil investigations that would be customarily performed on a project of similar size, location, structural design, and soil type; (iii) the discovery of buried structures or objects or utility lines and systems materially adversely affecting the Construction of the Hotel that are not known, observable, nor reasonably discoverable upon performing all geotechnical and other soil investigations that would be customarily performed on a project of similar size, location, structural design, and soil type; or