Unforeseen Project Site Conditions Sample Clauses

Unforeseen Project Site Conditions. 5.3.1 Contractor shall immediately provide written notice to Owner apprising Owner of unforeseen conditions encountered, including:

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Unforeseen Project Site Conditions. 5.2.1 If CM@Risk encounters, during the performance of its Work, concealed or latent physical conditions or subsurface conditions at the Project which (a) materially differ from the conditions indicated in the Contract Documents; or (b) are of an unusual nature which differ materially from the conditions ordinarily encountered and generally recognized as inherent in the sort of work provided for in the Contract Documents, CM@Risk shall immediately provide written notice to Owner apprising Owner of the unforeseen conditions encountered. CM@Risk shall not disturb or modify such conditions without Owner’s prior written consent. Owner shall promptly investigate CM@Risk’s notice of an unforeseen Site condition and advise CM@Risk of its findings and determination.

Unforeseen Project Site Conditions. 4.2.1 If Design-Builder encounters, during the performance of its Work, concealed or latent physical conditions or subsurface conditions at the Project which (i) materially differ from the conditions indicated in the Contract Documents; or (ii) are of an unusual nature which differ materially from the conditions ordinarily encountered and generally recognized as inherent in the Work provided hereunder, Design-Builder shall immediately provide written notice to Owner. Design-Builder shall not disturb or modify such conditions without Owner’s prior written consent. Owner shall promptly investigate Design-Builder’s claim of an un-contemplated site condition.

Unforeseen Project Site Conditions. In the event any conditions which are, or may be, protected under Applicable Law or Applicable Permits or any archeological resources or any other man-made or naturally occurring condition contained below the surface of an area which pertains to Contractor’s Work in which Contractor is permitted to dig pursuant to a dig permit issued in accordance with Part I, Section 7.3 of the Scope Book (other than the presence of Hazardous Materials which are addressed separately in Article 28), are found at the Project Site, the Shared Site Facilities or the Common Facilities that differ materially from those set forth in the Owner Provided Information regarding the Project Site (each such materially differing condition, an “Unforeseen Project Site Condition”), Contractor shall promptly notify Owner of such Unforeseen Project Site Condition and Owner and Contractor shall agree upon a plan to address or mitigate such condition. Notwithstanding anything to the contrary in the foregoing, in no event shall conditions at the Project Site arising after the date hereof resulting from ordinary operations as currently conducted at Units 1-4 or Alcoa’s aluminum smelter nearby the Project Site constitute an Unforeseen Project Site Condition; provided, however, that release or disposal of any Hazardous Materials on or at the Project Site in violation of Applicable Laws or permits related to such disposal by Alcoa or Owner’s Affiliate, as the case may be, shall not constitute “ordinary operations.” Any changes to the Work required to address or mitigate an Unforeseen Project Site Condition shall be deemed an Excusable Event and be subject to the provisions of Article 8.

Related to Unforeseen Project Site Conditions

• Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.
• Landlord’s Work (a) For purposes of this lease, "Landlord's Work" means, collectively, the alterations and improvements to the demised premises to be constructed and/or installed by Landlord in accordance with the terms and conditions of this lease, as more particularly described in Exhibit ________ attached to and hereby made a part of this lease. Landlord shall use commercially reasonable efforts to "Substantially Complete" the Landlord's Work not later than ________, 20________ (the "Substantial Completion Target Date"). For purposes of this lease, Xxxxxxxx's Work shall be deemed to be "Substantially Complete" as of the date on which the general contractor or the architect employed by Landlord with respect to the construction and/or installation of Landlord's Work shall certify in writing to Landlord that: (i) Landlord's Work has been substantially completed in all material respects substantially in accordance with the approved plans and specifications therefor, if any; and (ii) a temporary or permanent certificate of occupancy has been issued by the governmental authority having jurisdiction with respect to Landlord's Work or the governmental authority having jurisdiction with respect to Landlord's Work has otherwise evidenced its approval of Landlord's Work. Landlord shall have no liability whatsoever to Tenant in the event that Landlord shall fail for any reason whatsoever to Substantially Complete Landlord's Work on or before the Substantial Completion Target Date (including, without limitation, for any damages that Tenant may suffer as a result thereof or in connection therewith); provided, however, in such event, Landlord shall use commercially reasonable efforts to Substantially Complete Landlord's Work as soon as possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of Landlord's Work which shall be incomplete as of the date of Substantial Completion of Landlord's Work as soon as possible thereafter. Notwithstanding anything to the contrary set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that the construction and/or installation of Landlord's Work by Landlord shall not be deemed in any way to constitute a condition precedent to the occurrence of the Commencement Date (as such date is set forth in Paragraph 1.3 of this lease) or to the effectiveness of any of the agreements or obligations of Tenant set forth in this lease with respect to the demised premises (including, without limitation, the commencement of the obligation to pay Rent by Xxxxxx as of the Commencement Date).
• Construction of the Improvements Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.
• Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: