Deemed Knowledge and Disclaimer. 8.3.1 The Developer shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to, the implementation of the Project regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Developer shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from Authority in respect of the Project other than for those matters in respect of which express provision is made in the Agreement.
8.3.2 The Developer shall be deemed to have inspected the Project Land and be aware of the existing boundary wall(s), buildings, constructions, immovable assets, structures, installations, trees, shrubs, electric poles, etc., if any, on the Site, Redevelopment Land and the Station Development Land.
8.3.3 Further, save and except where any Provisional Sum Items have been specified in respect of the Project Land or any other works in respect of the Project, the Developer shall not make any claim in respect of any change or variation (including in respect of any encroachments, Encumbrances, existing structures, assets, utilities, etc.) on the Project Land after the Appointed Date.
Deemed Knowledge and Disclaimer. Subject to the provisions of this Agreement, the Licensee shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the design, , construction, completion, commissioning, maintenance, operation, management and development of the Project and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Licensee shall have no right whether express or implied to bring any claim against, or to recover any compensation or other amount from, the Licensor and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement.
Deemed Knowledge and Disclaimer. 6.5.1 Subject to the provisions of this Agreement, the Operator shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the maintenance, operation, management and development of the Project and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Operator shall have no right whether express or implied to bring any claim against, or to recover any compensation or other amount from, the Authority and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement.
Deemed Knowledge and Disclaimer. Subject to the provisions of the Development Agreement, the Developer shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the development of the Assets regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Developer shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from BSHB in respect of the Project other than for those matters in respect of which express provision is made in the Development Agreement
Deemed Knowledge and Disclaimer. 8.3.1 The Developer shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to, the implementation of the Project regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Developer shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from Authority in respect of the Project other than for those matters in respect of which express provision is made in the Agreement.
Deemed Knowledge and Disclaimer. 8.5.1 Subject to the provisions of this Agreement, the Concessionaire shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the design, financing, construction, completion, commissioning, maintenance, operation, management and development of the Project and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Concessionaire shall have no right whether express or implied to bring any claim against, or to recover any compensation or other amount from, the Authority and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement.
Deemed Knowledge and Disclaimer. Subject to the provisions of this Agreement, the PE shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the MTM and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/ or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/ or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the PE shall have no right, whether express or implied, to bring any claim against, or to recover any compensation or other amount from, the SAMB, GOI and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement.
Deemed Knowledge and Disclaimer. The Facility Manager shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the Project regardless of whatever risks, contingencies, circumstances and/ or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Facility Manager shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from IRSDC in respect of the Project other than for those matters in respect of which express provision is made herein.
Deemed Knowledge and Disclaimer. 7.2.1 Subject to the provisions of this Agreement, the JVC shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the design, financing, modernization, construction, completion, commissioning, maintenance, operation, management and development of the Airport and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and none of the JVC shall have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from, the AAI, GOI and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement. CHAPTER VIII CONSTRUCTION/DEVELOPMENT, OPERATION & MANAGEMENT
Deemed Knowledge and Disclaimer. 7.2.1 Subject to the provisions of this Agreement, the JVC shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to the design, financing, modernization, construction, completion, commissioning, maintenance, operation, management and development of the Airport and all its other rights and obligations under or pursuant to this Agreement regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and none of the JVC shall have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from, the AAI, GOI and/or any of their agencies other than in respect of those matters in respect of which express provision is made in this Agreement. CHAPTER VIII CONSTRUCTION/DEVELOPMENT, OPERATION & MANAGEMENT
8.1 General Obligations
(i) JVC shall at all times comply with Applicable Law in the operation, maintenance, development, design, construction, upgradation, modernising, financing and management of the Airport. JVC shall operate, maintain, develop, design, construct, upgrade, modernise, manage, and keep in good operating repair and condition the Airport, in order to ensure that the Airport at all times meets the requirements of an international world class airport. The JVC shall further operate, maintain, develop, design, construct, upgrade, modernise, and manage the Airport in accordance with Good Industry Practice and, in accordance with the Development Standards and Requirements; and Operation and Maintenance Standards and Requirements and renew, replace and upgrade to the extent reasonably necessary. All maintenance, repair and other works shall be carried out in such a way as to minimise inconvenience to users of the Airport.
(ii) JVC shall at all times, obtain and maintain all Clearances, including registrations, licenses and permits (including immigration, temporary residence, work and exit permits), which are required by Applicable Law for the performance of its obligations hereunder.
(iii) The JVC will operate, maintain, develop, design, construct, upgrade, modernize and manage the Airport during the Term with regard to safety precautions, fire protection, security, transportation, delivery of goo...
