Common use of Deemed Knowledge and Disclaimer Clause in Contracts

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. 8.3.1 (i) 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 IRSDC in respect of the Project other than for those matters in respect of which express provision is made in the Agreement.