Common use of Contractor to Inform Itself Clause in Contracts

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.

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, including, in respect of risks arising in the Delivery Phase, as informed by the ECI Activities. 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.

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, including: in relation to the Site; and conducting a detailed review of the Site Information; and ensuring that the Contract Price contains sufficient allowances to protect it against any of these risks eventuating. Without limiting clause 7.7 the6.5: 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 (including the Commonwealth Site Information) for the purpose purposes of the Works, including from investigations it carried out as to Contractor assessing the conditions on, in, under or in the vicinity of the Site; the 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 ContractorContractor (including the Site Information); the Contractor acknowledges that such information, data and documents do not form part of the Contract and that clause 7.7 6.5 applies to the information, data and documents; and the Contractor acknowledges and agrees that, to the extent permitted by law, it will not be entitled liable to make (nor will the Commonwealth be liable upon) any Claim by the Contractor arising out of or in connection with such information, data and or documents. Clauses 7.3 The Commonwealth: must, subject to clause 2.2 and 7.4 apply unless the Contract Particulars state that they do not apply. If paragraph 6.3(b), provide the Contractor considers it has encountered or found a Latent Condition, it must immediately give with such access to the Contract Administrator and Site as the Commonwealth notice in writing. The Contract Administrator must, within 14 days of receipt of Contractor reasonably requires to undertake the Contractor's notice under paragraph (a): notify Activities; is not obliged to: provide the Contractor with sole access to the Site; or carry out any work or provide any facilities to the Contractor (other than as stated in the Contract) which may be necessary to enable the Contractor to obtain adequate access to carry out the Contractor's Activities; may engage Other Contractors to work upon or in the vicinity of the Site at the same time as the Contractor; and must use reasonable endeavours to ensure that any Other Contractors engaged by the Commonwealth comply with the reasonable requirements 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 Conditionmatters concerning industrial relations, insurance and work health and safety.

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 the7.7: the Commonwealth has made available to the Contractor Contractor, before the Award Date, or may make available to the Contractor on or after the Award Date, certain information, data and documents which were obtained by the Commonwealth for the purpose of the Works, including Works from investigations it carried out as to the conditions on, in, under or in the vicinity of the Site; the 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; the 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 the 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.