Contractor to Inform Itself Sample Clauses

Contractor to Inform Itself. The Contractor warrants that it has, and it will be deemed to have, done everything that would be expected of a prudent, competent and experienced contractor in: assessing the risks which it is assuming under the Contract; and ensuring that the Contract Price contains sufficient allowances to protect it against any of these risks eventuating. Without limiting clause 7.7 the: Commonwealth has made available to the Contractor before the Award Date, or may make available to the Contractor on or after the Award Date, certain information, data and documents obtained by the Commonwealth for the purpose of the Works, including from investigations it carried out as to the conditions on, in, under or in the vicinity of the Site; Commonwealth does not warrant, guarantee or make any representation about the relevance, completeness, accuracy or adequacy of any such information, data and documents made available to the Contractor; Contractor acknowledges that such information, data and documents do not form part of the Contract and that clause 7.7 applies to the information, data and documents; and Contractor acknowledges and agrees that, to the extent permitted by law, it will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with such information, data and documents. Clauses 7.3 and 7.4 apply unless the Contract Particulars state that they do not apply. If the Contractor considers it has encountered or found a Latent Condition, it must immediately give the Contract Administrator and the Commonwealth notice in writing. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a): notify the Contractor and the Commonwealth of its determination whether a Latent Condition has been encountered or found; and instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Latent Condition.
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Contractor to Inform Itself. 6.1 The CONTRACTOR shall be deemed to have satisfied itself, before entering into the CONTRACT, as to the extent and nature of the WORK including but not limited to the services, personnel, materials and equipment, plant, consumables and facilities required for the WORK, the correctness and sufficiency of the rates and prices entered in Section III - Remuneration, general and local conditions, and all other matters which could affect progress or performance of the WORK and the CONTRACTOR shall not be entitled to any extension of time and/or any increase in the CONTRACT PRICE unless expressly set out in the CONTRACT. 6.2 Any failure by the CONTRACTOR to take account of matters which affect the WORK will not relieve the CONTRACTOR from its obligations under the CONTRACT.
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Contractor to Inform Itself. Contractor shall have informed itself and be deemed to have satisfied itself fully before entering into this MSA and prior to commencing any Work as to: (a) the extent and nature of the Work; (b) the correctness and sufficiency of the rates and prices set out in this MSA; (c) all Legislation, including with respect to Tax; (d) general and local conditions relating to the Work and the Worksite; (e) political and security conditions relating to the Work and the Worksite, including possible risks to Personnel, Equipment; and (f) all other matters, including risks and contingencies, which could affect the Work, including transportation, accommodation, communications, security and access to fuel, water, power, other utilities at the Worksite. Any failure by Contractor to take account of matters which could affect the Work shall not relieve Contractor from any of its liabilities or obligations under this MSA, nor shall such failure by Contractor be the basis for any changes to Schedule 2 (Company's Rates). Without prejudice to Contractor’s obligations under Clause 6.1, Contractor shall, within seven (7) days (or such other period as Company may reasonably require) of receipt of any Technical Information, review the same in accordance with internationally recognised good practices and standards applicable to work of the type to be carried out under this MSA and notify Company of any deficiencies, omissions, contradictions or ambiguities. Company shall resolve the same as soon as reasonably possible and Contractor shall thereafter be entitled to rely on such Technical Information (as corrected by Company, if applicable).
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Contractor to Inform Itself.  6.1 The CONTRACTOR shall be deemed to have satisfied itself, before entering into the CONTRACT, based on the information provided to it by the COMPANY (upon the accuracy and sufficiency of which the CONTRACTOR shall be entitled to rely provided the same is provided to the CONTRACTOR pursuant to the DATASITE from time to time), as to the extent and nature of the WORK including the services, personnel, materials and equipment, plant, consumables and facilities required for the WORK, the correctness and sufficiency of the rates and prices stated in Section I - Remuneration, general and local conditions including seabed and subsoil conditions (so far as practicable and having taken into account any information in connection therewith which may have been provided by the COMPANY), climatic, sea, other water and weather conditions, and all other matters which could affect progress or performance of the WORK. All information to be provided to the CONTRACTOR by the COMPANY for the purposes of this CONTRACT shall be shared via the DATASITE. 
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Contractor to Inform Itself. FULLY 25.1 Contractor shall be deemed to have carefully examined the Technical Specifications, the Site location and the Plant including documentation, drawings and specifications for the Services and fully acquainted itself with Site conditions and all other conditions relevant to the Services, and its surroundings, including for the mobilization of resources to the Site and transportation of the materials required for the performance of the Services. Contractor shall be deemed to have assumed the risk of such conditions and will, regardless of such conditions, expenses, and difficulty of performing the Services, or negligence of the Owner, if any, fully complete the Services for the Contract Price without further recourse to the Owner. Information on the Site and local conditions at such Site furnished by the Owner in specifications, drawings or otherwise is not guaranteed by the Owner and is furnished only for the convenience of the Contractor.
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Contractor to Inform Itself. The Contractor will be deemed to have examined carefully and to have acquired actual knowledge of the contents of all of this Contract.
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Related to Contractor to Inform Itself

  • Right to Information The City of Xxxxxx reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right.

  • Access to Information Such Purchaser acknowledges that it has had the opportunity to review the Transaction Documents (including all exhibits and schedules thereto) and the SEC Reports and has been afforded, (i) the opportunity to ask such questions as it has deemed necessary of, and to receive answers from, representatives of the Company concerning the terms and conditions of the offering of the Securities and the merits and risks of investing in the Securities; (ii) access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable it to evaluate its investment; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to the investment. Such Purchaser acknowledges and agrees that neither the Placement Agent nor any Affiliate of the Placement Agent has provided such Purchaser with any information or advice with respect to the Securities nor is such information or advice necessary or desired. Neither the Placement Agent nor any Affiliate has made or makes any representation as to the Company or the quality of the Securities and the Placement Agent and any Affiliate may have acquired non-public information with respect to the Company which such Purchaser agrees need not be provided to it. In connection with the issuance of the Securities to such Purchaser, neither the Placement Agent nor any of its Affiliates has acted as a financial advisor or fiduciary to such Purchaser.

  • Contractor Information The Contractor will provide up to date information for each of the following in the form and manner specified by OGS:

  • Access to Information; Independent Investigation Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects.

  • Access to Personal Information by Subcontractors Supplier agrees to require any subcontractors or agents to which it discloses Personal Information under this Agreement or under any SOW to provide reasonable assurance, evidenced by written contract, that they will comply with the same or substantially similar confidentiality, privacy and security obligations with respect to such Personal Information as apply to Supplier under this Agreement or any SOW. Supplier shall confirm in writing to DXC that such contract is in place as a condition to DXC’s approval of use of a subcontractor in connection with any SOW. Upon request of DXC, Supplier will provide to DXC a copy of the subcontract or an extract of the relevant clauses. Supplier shall ensure that any failure on the part of any subcontractor or agent to comply with the Supplier obligations under this Agreement or any SOW shall be grounds to promptly terminate such subcontractor or agent. If during the term of this Agreement or any SOW, DXC determines, in its exclusive discretion, that any Supplier subcontractor or agent cannot comply with the Supplier obligations under this Agreement or with any SOW, then DXC may terminate this Agreement in whole or in part (with respect to any SOW for which such subcontractor or agent is providing services), if not cured by Supplier within the time prescribed in the notice of such deficiency.

  • Owners Required To Provide Information From the Initial Date and prior to the Restriction Termination Date: (a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) of the Outstanding Shares, within 30 days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s qualification as a REIT and to ensure compliance with the Ownership Limits; and (b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s qualification as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.

  • Exclusions from Confidential Information Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.

  • Updated Information Submission by Developer The updated information submission by the Developer, including manufacturer information, shall occur no later than one hundred eighty (180) Calendar Days prior to the Trial Operation. Developer shall submit a completed copy of the Large Generating Facility data requirements contained in Appendix 1 to the Large Facility Interconnection Procedures. It shall also include any additional information provided to Connecting Transmission Owner for the Interconnection Feasibility Study and Interconnection Facilities Study. Information in this submission shall be the most current Large Generating Facility design or expected performance data. Information submitted for stability models shall be compatible with NYISO standard models. If there is no compatible model, the Developer will work with a consultant mutually agreed to by the Parties to develop and supply a standard model and associated information. If the Developer’s data is different from what was originally provided to Connecting Transmission Owner and NYISO pursuant to an Interconnection Study Agreement among Connecting Transmission Owner, NYISO and Developer and this difference may be reasonably expected to affect the other Parties’ facilities or the New York State Transmission System, but does not require the submission of a new Interconnection Request, then NYISO will conduct appropriate studies to determine the impact on the New York State Transmission System based on the actual data submitted pursuant to this Article 24.3. Such studies will provide an estimate of any additional modifications to the New York State Transmission System, Connecting Transmission Owner’s Attachment Facilities, or System Upgrade Facilities or System Deliverability Upgrades based on the actual data and a good faith estimate of the costs thereof. The Developer shall not begin Trial Operation until such studies are completed. The Developer shall be responsible for the cost of any modifications required by the actual data, including the cost of any required studies.

  • Access to Company Information (a) During the period from the date of this Agreement to the Effective Time, the Company shall permit representatives of the Parent to have reasonable access (at all reasonable times, and in a manner so as not to interfere with the normal business operations of the Company) to all premises, properties, financial and accounting records, contracts, other records and documents, and personnel, of or pertaining to the Company. (b) The Parent and each of its Subsidiaries (i) shall treat and hold as confidential any Company Confidential Information (as defined below), (ii) shall not use any of the Company Confidential Information except in connection with this Agreement, and (iii) if this Agreement is terminated for any reason whatsoever, shall return to the Company all tangible embodiments (and all copies) thereof which are in its possession. For purposes of this Agreement, “Company Confidential Information” means any information of the Company that is furnished to the Parent or any of its Subsidiaries by the Company in connection with this Agreement; provided, however, that it shall not include any information (A) which, at the time of disclosure, is available publicly other than as a result of non-permitted disclosure by the Parent, any of its Subsidiaries or their respective directors, officers, or employees, (B) which, after disclosure, becomes available publicly through no fault of the Parent, any of its Subsidiaries or their respective directors, officers, or employees, (C) which the Parent or any of its Subsidiaries knew or to which the Parent or any of its Subsidiaries had access prior to disclosure, as demonstrated by competent evidence, provided that the source of such information is not known by the Parent or any of its Subsidiaries to be bound by a confidentiality obligation to the Company, or (D) which the Parent or any of its Subsidiaries rightfully obtains from a source other than the Company, provided that the source of such information is not known by the Parent or any of its Subsidiaries to be bound by a confidentiality obligation to the Company.

  • Access to Protected Information If BA maintains a designated record set on behalf of CE, BA shall make Protected Information maintained by BA or its agents or subcontractors in Designated Record Sets available to CE for inspection and copying within five (5) days of a request by CE to enable CE to fulfill its obligations under state law [Health and Safety Code Section 123110] and the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.524 [45 C.F.R. Section 164.504(e)(2)(ii)(E)]. If BA maintains Protected Information in electronic format, BA shall provide such information in electronic format as necessary to enable CE to fulfill its obligations under the HITECH Act and HIPAA Regulations, including, but not limited to, 42 U.S.C. Section 17935(e) and 45 C.F.R. Section 164.524.

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