Unforeseeable Conditions definition

Unforeseeable Conditions means any conditions at the Project Site not actually known to Seller that (a) are concealed physical conditions of an unusual nature and (b) could not reasonably have been foreseen with appropriate due diligence.
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Unforeseeable Conditions means any conditions at the Site which (a) are concealed physical conditions of an unusual nature and (b) could not be reasonably have been foreseen with appropriate due diligence.
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Unforeseeable Conditions means and refer to any one or more of the following conditions:
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Examples of Unforeseeable Conditions in a sentence

  • SECTION SIX: ALTERATIONS OR MODIFICATIONS Any Homeowner-initiated alterations or modifications to the work outlined in Section One and the price therefore, and any additional work due to Hidden Defects, Concealed and Unforeseeable Conditions and the price therefor, must be agreed upon by the parties in a written “Change Order,” before work on such alteration or modification shall commence.

  • Thereafter, if Unforeseeable Conditions changes occur, the Construction Manager shall be entitled to a Change Order therefor, which must be presented to the Governing Board of the District for approval for payment.

  • The only changes for which Construction Manager’s contract amount may be increased are changes which result from District Initiated Changes, which are defined as those Changes in the Work that occur in the sole discretion of the District and which are for the primary purpose of providing for aesthetic and upgrade changes and from Changes Due to Unforeseeable Conditions and items as defined in Section 2.10, subject to the provisions of Section 9.1 hereof.

  • Any entitlement to an increase in the Contract Amount or Contract Time on the part of Construction Manager, any Trade Contractor or subconsultant, other than pursuant to such an approved change resulting from District initiated changes and from changes due to Unforeseeable Conditions as defined in Section 2.10 shall be the financial responsibility of Construction Manager.

  • In confirmation and furtherance of the foregoing, the DB Contractor acknowledges and agrees that it shall not be entitled to an adjustment in any GMP or the Contract Time based on general and local conditions (other than Unforeseeable Conditions at the Site) affecting the Project, the Site, or the performance of the Work, and the DB Contractor hereby waives any and all claims associated therewith.

  • Construction Manager is individually responsible to assure that it is specifically set forth on all change order documentation whether the Change is District Initiated, whether it is due to Unforeseeable Conditions.

  • In general, Unforeseeable Conditions changes are to be paid for from the Construction Contingency Fund, provided that the maximum cost of Unforeseeable Conditions chargeable to the Construction Contingency shall be fifty percent (50%) of the original Construction Contingency amount.

  • In the unlikely event that the costs to address Unforeseeable Conditions, as defined in Section 2.10, result in a Change which makes it necessary to exceed the GMP Cost Summary statement, District and Construction Manager will work together to minimize any such costs and will present the costs to the District Board for approval as a result of Unforeseeable Conditions Changes.

  • If the Authority and the DB Contractor thereafter mutually determine that such concealed physical conditions are in fact Unforeseeable Conditions, then the DB Contractor will be entitled to seek an equitable adjustment in the applicable GMP(s) or the Contract Time as provided in Section 12.2 (Excusable Events).

  • The total amount reimbursed by District for each Trade Contractor shall be no more than the amount of the original Trade Contract amount with such Changes as are approved due to changes which result from District initiated changes paid for from the District’s Contingency Fund and/or which are from Changes Due to Unforeseeable Conditions or as approved by District and Construction Manager and paid for from the Construction Contingency Fund.


More Definitions of Unforeseeable Conditions

Unforeseeable Conditions means and refer to physical conditions at the Project Site (i) which differ materially from those indicated in this Agreement, or (ii) which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement.
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Unforeseeable Conditions. (except as limited in Section 3.2 and elsewhere in this Agreement) shall mean and refer to physical conditions at the Project Site (i) which differ materially from those indicated in this Agreement, or (ii) which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement.
Sample 1

Related to Unforeseeable Conditions

  • Unforeseeable means not reasonably foreseeable by an experienced contractor by the Base Date.

  • Unsafe condition as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

  • Unforeseeable Financial Emergency means an unanticipated emergency that is caused by an event beyond the control of the Participant that would result in severe financial hardship to the Participant resulting from (i) a sudden and unexpected illness or accident of the Participant or a dependent of the Participant, (ii) a loss of the Participant's property due to casualty, or (iii) such other extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant, all as determined in the sole discretion of the Committee.

  • fair and reasonable conditions means appropriate conditions, including possible financial terms or royalty-free conditions, taking into account the specific circumstances of the request for access, for example the actual or potential value of the results or background to which access is requested and/or the scope, duration or other characteristics of the exploitation envisaged;

  • Performance Conditions means specific levels of performance of the Company (and/or one or more members of the Company Group, divisions or operational and/or business units, product lines, brands, business segments, administrative departments, or any combination of the foregoing), which may be determined in accordance with GAAP or on a non-GAAP basis, including, without limitation, the following measures: (i) net earnings, net income (before or after taxes), or consolidated net income; (ii) basic or diluted earnings per share (before or after taxes); (iii) net revenue or net revenue growth; (iv) gross revenue or gross revenue growth, gross profit or gross profit growth; (v) net operating profit (before or after taxes); (vi) return measures (including, but not limited to, return on investment, assets, capital, employed capital, invested capital, equity, or sales); (vii) cash flow measures (including, but not limited to, operating cash flow, free cash flow, or cash flow return on capital), which may be but are not required to be measured on a per share basis; (viii) actual or adjusted earnings before or after interest, taxes, depreciation, and/or amortization (including EBIT and EBITDA); (ix) gross or net operating margins; (x) productivity ratios; (xi) share price (including, but not limited to, growth measures and total stockholder return); (xii) expense targets or cost reduction goals, general and administrative expense savings; (xiii) operating efficiency; (xiv) objective measures of customer/client satisfaction; (xv) working capital targets; (xvi) measures of economic value added or other ‘value creation’ metrics; (xvii) enterprise value; (xviii) sales; (xix) stockholder return; (xx) customer/client retention; (xxi) competitive market metrics; (xxii) employee retention; (xxiii) objective measures of personal targets, goals, or completion of projects (including, but not limited to, succession and hiring projects, completion of specific acquisitions, dispositions, reorganizations, or other corporate transactions or capital-raising transactions, expansions of specific business operations, and meeting divisional or project budgets); (xxiv) comparisons of continuing operations to other operations; (xxv) market share; (xxvi) cost of capital, debt leverage, year-end cash position or book value; (xxvii) strategic objectives; (xxviii) gross or net authorizations; (xxix) backlog; or (xxx) any combination of the foregoing. Any one or more of the aforementioned performance criteria may be stated as a percentage of another performance criteria, or used on an absolute or relative basis to measure the performance of one or more members of the Company Group as a whole or any divisions or operational and/or business units, product lines, brands, business segments, or administrative departments of the Company and/or one or more members of the Company Group or any combination thereof, as the Committee may deem appropriate, or any of the above performance criteria may be compared to the performance of a selected group of comparison companies, or a published or special index that the Committee, in its sole discretion, deems appropriate, or as compared to various stock market indices.

  • Step Down Conditions As of any Distribution Date on which any decrease in any Senior Prepayment Percentage may apply, (i) the outstanding Principal Balance of all Mortgage Loans 60 days or more Delinquent (including Mortgage Loans in REO and foreclosure), averaged over the preceding six month period, as a percentage of the aggregate of the Class Certificate Principal Balances of the Classes of Subordinate Certificates on such Distribution Date, does not equal or exceed 50% and (ii) cumulative Realized Losses with respect to all of the Mortgage Loans do not exceed: · for any Distribution Date on or after the seventh anniversary until the eighth anniversary of the first Distribution Date, 30% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the eighth anniversary until the ninth anniversary of the first Distribution Date, 35% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the ninth anniversary until the tenth anniversary of the first Distribution Date, 40% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, · for any Distribution Date on or after the tenth anniversary until the eleventh anniversary of the first Distribution Date, 45% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date, and · for any Distribution Date on or after the eleventh anniversary of the first Distribution Date, 50% of the aggregate Certificate Principal Balance of the Subordinate Certificates as of the Closing Date.

  • Acute condition means a disease, illness or injury that is likely to respond quickly to treatment which aims to return the person to his or her state of health immediately before suffering the disease/ illness/ injury which leads to full recovery.

  • Performance Condition means a condition related to performance which is specified by the Committee under Rule 4.1 (Terms of grant);

  • Termination Conditions means, collectively, (a) the payment in full in cash of the Obligations (other than (i) contingent indemnification obligations not then due and (ii) Obligations under Secured Hedge Agreements and Secured Cash Management Agreements) and (b) the termination of the Commitments and the termination or expiration of all Letters of Credit under this Agreement (unless the Outstanding Amount of the L/C Obligations related thereto has been Cash Collateralized on terms reasonably acceptable to the applicable Issuing Bank, backstopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank or deemed reissued under another agreement reasonably acceptable to the applicable Issuing Bank).

  • Service Requirements means the specification that the Flexibility Services must be capable of meeting, as defined in Schedule 1;

  • Performance Requirements The ordering entity reserves the right to inspect and verify that all deliveries are in accordance with specifications, both at the point of delivery and at the point of use. For orders that specify an “authorized party” to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the” authorized party” to be considered and accepted by the ordering entity. Products inspected at the time of use are subject to refusal and return requirements for issues of quality such as defects in manufacturing and/or workmanship. Products will not be considered accepted by the ordering entity until the installation is complete for the applicable products.

  • Qualifying condition means a condition described in Section 26-61a-104.

  • Normal Operating Conditions means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.

  • REASONABLY SAFE FROM FLOODING Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

  • Licence Conditions means the licence terms and conditions contained in this document, as amended from time to time in accordance with this agreement.

  • Mental abnormality or "personality disorder" means a congenital or acquired condition that affects

  • Unforeseen means not anticipated or expected and occurring after the effective date of coverage.

  • Payment Conditions means, at the time of determination with respect to any specified transaction or payment, that:

  • Conditions of Service means the document developed by a distributor in accordance with subsection 2.4 of the Code that describes the operating practices and connection rules for the distributor; (DSC)

  • Unforeseeable Emergency means a severe financial hardship of the Participant resulting from an illness or accident of the Participant, the Participant’s spouse, the Participant’s Beneficiary, or the Participant’s dependent (as defined in Code Section 152, without regard to Code section 152(b)(1), (b)(2) and (d)(1)(B); loss of the Participant’s property due to casualty; or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant.

  • Extenuating Circumstances means the inability to perform at an optimum level arising from one or more of the reasons set out in clause 6.1.

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • these Conditions means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;

  • Catastrophic illness or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

  • Business Condition of any Person shall mean the condition (financial or other), earnings, results of operations, business, properties or prospects of such Person.

  • performance requirement means a requirement that: