Certain Matters Pertaining to Job Site. Contractor acknowledges that prior to the execution of this Agreement, Contractor (i) has made a complete and careful examination of the Job Site and the surrounding areas, drawings and specifications; (ii) has made a complete and careful examination to determine the difficulties and hazards incident to the performance of the Work, including (A) the location of the Project, (B) the proximity of the Project to adjacent facilities and structures, (C) the conditions of the roads and waterways in the vicinity of the Job Site, including the conditions affecting shipping and transportation, access, disposal, handling and storage of materials, (D) the nature and character of the soil, terrain, and surface conditions of the Job Site, (E) the labor conditions in the region of the Job Site, (F) Applicable Laws and Applicable Permits, (G) rights of Company regarding the Job Site as set forth herein, (H) the local weather conditions based upon previous weather data, (I) the qualifications of all Subcontractors and Vendors, and (J) all other matters known or which a prudent contractor should know that might affect Contractor’s performance under this Agreement or the design, engineering, procurement, construction, installation, start-up, demonstration and testing of the ESS; and (iii) has determined to Contractor’s satisfaction the nature and extent of such difficulties and hazards. 3.6
Certain Matters Pertaining to Job Site. Contractor shall inspect the Job Site, verify the working conditions and undertake investigations as Contractor deems reasonably necessary before commencing any Work. Except for below ground conditions not reflected in a geotechnical report furnished by Owner to Contractor as Exhibit S, Contractor shall be solely responsible for performing any preliminary Work on the Job Site necessary for the commencement of construction to occur, including removal of all physical impediments to performing Work on the Job Site, above and below ground. Contractor shall cause its, and its Subcontractors’ and Vendors’ vehicles and self-propelled equipment entering on the Job Site to be clearly marked to identify the Contractor, Subcontractor or Vendor which owns the same. Contractor is entitled to rely on the accuracy of Exhibit S.
Certain Matters Pertaining to Job Site. Contractor shall inspect the Job Site, verify the working conditions and undertake investigations as deemed appropriate before commencing any Work. Contractor shall be solely responsible for performing any preliminary Work on the Job Site necessary for the commencement of construction to occur, including removal of all physical impediments to performing Work on the Job Site, above and below ground. Contractor shall cause its, and its Subcontractors' and Vendors' vehicles and self-propelled equipment entering on the Job Site to be clearly marked to identify the Contractor, Subcontractor or Vendor which owns the same. Contractor acknowledges that the Property Site is currently not within the city limits of Paris, Texas; however, it is anticipated that the Property Site will be annexed to the City of Paris, Texas. Contractor agrees that it undertaking to complete the Work in accordance with the terms hereof, Contractor has taken into consideration that the Property Site may or may not be annexed to or otherwise subject to the jurisdiction of the City of Paris, Texas.
Certain Matters Pertaining to Job Site. Contractor acknowledges that, prior to the date of this Agreement, Contractor: Has made a complete and careful examination of the Job Site and the surrounding areas, any reports provided by Owner, and other information set forth in the Contract Documents; Has made a complete and careful examination to determine the difficulties and hazards incident to the performance of the Work, including: The location of the Project; The proximity of the Project to adjacent facilities and structures; The conditions of the roads and waterways in the vicinity of the Job Site, including the conditions affecting shipping and transportation, access, disposal, handling and storage of materials; The nature and character of the soil, terrain, surface and sub‑surface conditions of the Job Site; A survey of the Site, performed by Contractor; The labor conditions in the region of the Job Site; Applicable Laws and Applicable Permits; Rights of Owner regarding the Job Site as set forth herein; The local weather conditions based upon previous weather data; and All other known matters and other matters that Contractor should know under Applicable Standards that might affect Contractor’s performance under this Agreement or the design, engineering, procurement, construction, start‑up, demonstration and testing of the Plant; and Has determined to Contractor’s satisfaction the nature and extent of such difficulties and hazards. Where Owner has made investigations of sub‑surface conditions in areas where Work is to be performed under this Agreement, such investigations are made by Owner for the purpose of study and conceptual design of the Project. The interpretation of such records shall be the sole responsibility of Contractor. Owner assumes no responsibility whatsoever with respect to the sufficiency or accuracy of such investigations, the records thereof, or of the interpretations set forth and there is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered. In light of the foregoing, Contractor accepts the Job Site in its existing condition and waives any right to additional compensation beyond the Contract Price or an extension of the Guaranteed Commercial Delivery of Power Date, the Guarant...
Certain Matters Pertaining to Job Site
