Soil Conditions. 8.5.1 The Town approvals do not verify or confirm the adequacy of soil conditions including soil contamination and the Developer shall indemnify and save the Town harmless from all actions or claims relating to soil conditions on the Lands.
Soil Conditions. County makes no covenants or warranties respecting the condition of the soil, or sub-soil, or any other condition of the Premises. Tenant hereby understands and acknowledges that the Premises are within the area know as "Ordnance Road Area". It is suspected that the United States Army buried former war materials, including without limitation, gas ampules and ammunition, in and around Ordnance Road Area. Xxxxxx further acknowledges that in the past County has encountered such materials when excavating in areas that comprised the former Army Air Field. Tenant further acknowledges that County has made no representations to Tenant as to the risks associated with excavating native versus non-native soils, nor has County represented to Tenant, what areas of the Premises or the Airport have been previously excavated. County represents that it has not withheld and will not withhold from Tenant, any adverse information requested by Tenant in the possession of County relating specifically to the Premises with respect to the condition of the soil, or sub-soil, or any other condition of the Premises. Tenant hereby releases County from any and all claims Tenant may have against County respecting the condition of the subsoil, or any other condition of the Premises, as well as any and all claims Tenant may have against County for the existence of any former war materials buried on or about County property, except and excluding any and all claims relating to or arising from any Hazardous Materials, other than any former war materials. which are or were existing, released, or discharged on, to, or in the Premises at any time prior to the Commencement Date. Tenant expressly waives the benefits of Civil Code §1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Soil Conditions. 1.9.1 Lessor shall include the cost of, and be responsible for, certifications of sub soil conditions under footings, floors, paving, etc.
Soil Conditions. Owner has no actual knowledge that the Property has any slipping, sliding, settling, flooding, ponding or any other grading, drainage or soil problems, except (it will be assumed no known exceptions exist unless they are specified here): None.
Soil Conditions. The surface and subsurface condition of the Land is such that it will support the Improvements without present need for additional subsurface excavation, fill, footing, caissons or other installations, and the Improvements have been constructed in a manner which is compatible with the soil conditions at the time of construction.
Soil Conditions. Developer, by executing this Lease, represents that it has visited the Land, is familiar with local conditions under which the construction operation is to be performed, will perform all tests, borings and subsoil engineering generally required at the site under sound and prudent engineering practices and will correlate the results of its tests, borings and subsoil engineering and other available studies and its observations with the requirements of the construction operation of the Project. The CRA has made no warranty or representation regarding subsoil conditions. Developer shall not be entitled to any adjustment of Rental or any applicable requirements contained in the Project Schedule in the event of any abnormal subsoil conditions unless the subsoil conditions are so unusual they could not have been reasonably anticipated.
Soil Conditions. Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be agreed to in a Change Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.
Soil Conditions. To the best of Xxxxxx’s knowledge there are no soil conditions materially adverse to the construction of the Project on the Property.
Soil Conditions. Buyer acknowledges that there has been or will have been dirt work on the Property in connection with the development of the Community which may result in settlement of the ground upon which the Property is located. Buyer hereby accepts the Property in its existing environmental condition and waives, discharges, releases, and holds harmless Seller from any and all claims and/or causes of action which Buyer or its assigns or transferees may have or hereafter be otherwise entitled to whether affecting person and/or property, for any environmental liabilities or settlement of the ground arising from the Property, including any claims, demands, causes of action (both public and private), judgments, attorneys’ fees, costs, expenses, penalties and fines, imposed or assessed under any federal, state or local environmental law, rule or regulation.
Soil Conditions. As noted above, although the poor soil conditions in Christchurch were apparent to the earliest drainage engineers, they were not equipped to recognize the full significance of the silty soils. Figure 5 Soil type 0 to 2m (EQC) 4 SEWER DEFECTS – CONDITION ASSESSMENT Nearly all the Christchurch brick barrel sewers have now been surveyed at least once, and in some cases, where the original surveys could not be completed due to silt or other obstructions, the surveys have been repeated. When the brick barrel sewers were exposed to seismic effects, they suffered a range of immediate damage from complete structural collapse in areas where ground displacement occurred, to cracking of varying degrees of severity. Figure 6 shows one example of a shear defect, in which the pipe has suffered a complete dislocation, and shattering of the brickwork structure. Nearly all of the sewers inspected showed evidence of circumferential cracking as if the ground in which it was built had been exposed to a moving vertical displacement, or ground wave, as shown in Figure 7, where the damage is less severe but more widely distributed.
