Changed Condition definition

Changed Condition means a materially changed physical condition at the Work Area which was not foreseen by the Contractor and which would not have been reasonably foreseen by a reasonable contractor who, before submitting its tender, conducted a thorough investigation of the work to be done to complete the Work, including a thorough inspection of the Work Area and review of all information available from the Company to persons wishing to submit tenders, but does not include any weather conditions or natural events;

Changed Condition means a materially changed physical condition at the Work Area which was not foreseen by the Contractor and which would not have been reasonably foreseen by a reasonable contractor who, before submitting its tender, conducted a thorough investigation of the work to be done to complete the Work, including a thorough inspection of the Work Area and review of all information available from the Province to persons wishing to submit tenders, but does not include any weather conditions or natural events;

Changed Condition means any act, event or condition that (1) is beyond the reasonable control of the affected party, (2) could not reasonably have been assumed, anticipated or provided for in the Design- Builder’s Proposal, and (3) materially expands the scope, interferes with, delays, or increases the cost of performing the Design-Build Work under the Contract, to the extent that such act, event or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Contract on the part of the party claiming the occurrence of a Changed Condition.

Examples of Changed Condition in a sentence

• The City of Millville will pursue a satisfactory resolution of disputed work issues or claims within a reasonable period of time as required by Standardized Changed Condition clauses per 23 CFR 635.109, NJDOT Standard Specifications and the project Supplementary Specification.

• Change to the contract includes, but is not limited to, extra work, Agreed Prices, Orders on Contracts, Suspensions of Work Directed by the Project Manager, Changed Condition, and Value Engineering Change Proposals.

• Contractor submittals of Notice of Changed Condition, Notice of Intent to File a Claim, or submittal of weekly claim forms do not warrant data entry into the Claims/Liens module.

• Company shall specify in its notice in reasonable detail the impact of the change in Operating Parameters or the Changed Condition on the Services and the corresponding change to the then current Fees (the “Notification”).

• Plans by the Contractor to resolve a Changed Condition or Deficient Installation issue shall be reviewed, approved and initialed by the Engineer, red-lined by the Engineer, or redrafted by the Engineer prior to submittal to Mount Werner Water.

More Definitions of Changed Condition

Changed Condition has the meaning given in GC 8.1.

Changed Condition shall have the meaning assigned thereto in Section 3.2(d).

Changed Condition has the meaning given it in Section 3.3. 4845-8795-9782.4

Changed Condition means (a) the enactment or promulgation of any new law, regulation or charge or any change to any existing law, regulation or charge occurring after the Effective Date, or (b) a change to any permit, license, lease agreement, consent or

Changed Condition means (i) the enactment, promulgation or imposition of any new law, regulation or governmental charge or any change to any existing law, regulation or governmental charge occurring after the Effective Date, or (ii) a change to any permit, license, lease agreement (other than the lease agreement relating to the “Facility” indentified in Schedule 1), consent or approval required to perform the Services in accordance with the terms of the Agreement and occurring after the Effective Date. If Customer does not approve an SCS proposed Fee increase due to a change in Operating Parameter or a Changed Condition, SCS is not responsible for any liability for failure to meet performance commitments due to such Changed Condition or a change in Operating Parameter.

Changed Condition means any event of force majeure, or the occurrence of fire, flood, explosion, disaster, strike, materials unavailability, delays in obtaining permits and approvals, unforeseen tasks including mitigation, that may be required by administrative or judicial decision, impacted soils or other environmental conditions encountered during construction, the need to secure permits and approvals from any public agency claiming jurisdictional authority or responsibility over regulating or permitting Project work, judicial or administrative injunctions, unexpected physical conditions, a failure of the Public Partners to construct the Railroad Portal in compliance with the parameters set forth in Exhibit A-2, or any other cause beyond the reasonable control of any Party, including delays and errors relating to the construction of the Project not caused by such Party.

Changed Condition means the enactment or promulgation of any new law or regulation or the imposition of a new material condition on the issuance or renewal of any permit, license or approval after the Effective Date hereof that: (a) materially increases the obligations or costs of SCS or adversely affects the ability of SCS to perform the Services, or (b) materially decreases the Fees to which SCS would otherwise be entitled under a Service Schedule. SCS shall not be responsible for any liability for failure to meet performance commitments due to Changed Conditions, unless SCS specifically agrees in writing to the contrary.