Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard. (ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price. (iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date. (iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable. (v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error. (vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 64 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Construction Contract
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, Agreement or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 19 contracts
Samples: Concession Agreement, Model Concession Agreement, Concession Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 18 contracts
Samples: Draft Contract Agreement, Draft Contract Agreement, Construction Contract
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 12 contracts
Samples: Engineering, Procurement and Construction Agreement, Contract Agreement, Contract Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 11 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 9 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Disclaimer. (ia) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of designStandards, construction and maintenanceProject Site, Siteexisting structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site Users and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(iib) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i0(a) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(ivc) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i0(a) above shall not vitiate this Agreement, Agreement or render it voidable.
(vd) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i0(a) above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this 0(d) shall not prejudice the disclaimer of the Authority contained in 0(a) and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vie) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 7 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposal (RFP), Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, existing structures, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 7 contracts
Samples: Standard Engineering, Procurement and Construction (Epc) Agreement, Standard Engineering, Procurement and Construction (Epc) Agreement, Standard Engineering, Procurement and Construction (Epc) Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposal (RFP), Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 6 contracts
Samples: Epc Agreement, Engineering, Procurement and Construction (Epc) Agreement, Engineering, Procurement and Construction (Epc) Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
7.1 Performance Security
Appears in 6 contracts
Samples: Construction Contract, Contract Agreement, Contract Agreement
Disclaimer. (i) 8.1.1 The Contractor Supplier acknowledges that prior to the execution of this Agreement, the Contractor Supplier has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the ProjectAgreement, Specifications and Standards of designStandards, construction and maintenancetransmission network, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all any information provided by the Authority Utility or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Utility makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Supplier confirms that it shall have no claim whatsoever against the Authority Utility in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Supplier acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Utility shall not be liable for the same in any manner whatsoever to the ContractorSupplier, and its Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Utility to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Utility contained in Clause 8.1.1 and shall not in any manner shift to the Utility any risks assumed by the Supplier pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Supplier and the Authority Utility shall not be liable in any manner for such risks or the consequences thereof.
Appears in 6 contracts
Samples: Procurement Agreement, Procurement Agreement, Procurement Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 6 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority Maha-Metro or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority Maha-Metro makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority Maha-Metro in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Maha-Metro shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, Agreement or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of Maha- Metro to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of Maha-Metro contained in Clause 8.1.1 and shall not in any manner shift to Maha- Metro any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority Maha-Metro shall not be liable in any manner for such risks or the consequences thereof.
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (ia) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of designStandards, construction and maintenanceProject Site, Siteexisting structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site Users and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(iib) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (iArticle 8(a) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(ivc) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (iArticle 8(a) above shall not vitiate this Agreement, Agreement or render it voidable.
(vd) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (iArticle 8(a) above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Article 8(d) shall not prejudice the disclaimer of the Authority contained in Article 8(a) and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vie) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority Maha-Metro or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority Maha-Metro makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority Maha-Metro in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Maha-Metro shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of Maha- Metro to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of Maha-Metro contained in Clause 8.1.1 and shall not in any manner shift to Maha- Metro any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority Maha-Metro shall not be liable in any manner for such risks or the consequences thereof.
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Page 47 of 148
Appears in 5 contracts
Samples: Construction Contract, Contract Agreement, Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereofconsequencesthereof.
Appears in 4 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction (Epc) Agreement, Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereofconsequencesthereof.
7.1 Performance Security
Appears in 4 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Disclaimer. (i) 8.1.1. The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications Standards and Standards of design, construction and maintenanceSpecifications, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumesaccessibility of Site, suitability and availability feasibility of access routes rail siding to the Site Silo Complex, issues related to land acquisition and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2. The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3. The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4. In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Aggregator acknowledges that prior to the execution of this Agreement, the Contractor Aggregator has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the ProjectAgreement, Specifications and Standards of designStandards, construction and maintenancetransmission network, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all any information provided by the Authority Utility or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Utility makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Aggregator confirms that it shall have no claim whatsoever against the Authority Utility in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Aggregator acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Utility shall not be liable for the same in any manner whatsoever to the Contractor, Aggregator or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Utility to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Utility contained in Clause 8.1.1 and shall not in any manner shift to the Utility any risks assumed by the Aggregator pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project Supply of Electricity shall be borne by the Contractor; Aggregator and the Authority Utility shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Power Supply Agreement, Power Supply Agreement, Power Supply Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Contract Agreement, Engineering Procurement and Construction Agreement, Contract Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction (Epc) Agreement
Disclaimer. (i) 4.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalRFP, Scope of Work, Technical Specifications, the ProjectSite, Specifications and Standards of design, construction and maintenance, Siteexisting structures, local conditions, physical qualities of ground, subsoil subsoil, and geology, traffic volumes, suitability and availability of access routes to the Site waste characteristics and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 4.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, the Concessionaire Related Parties or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 4.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1 above shall not vitiate this Agreement, Agreement or render it voidable.
(v) 4.4 In the event that either any Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1 above, that Party shall immediately notify the other PartyParties, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 4.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Supplier acknowledges that prior to the execution of this Agreement, the Contractor Supplier has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the ProjectAgreement, Specifications and Standards of designStandards, construction and maintenancetransmission network, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all any information provided by the Authority Aggregator or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Aggregator makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Supplier confirms that it shall have no claim whatsoever against the Authority Aggregator in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Supplier acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Aggregator shall not be liable for the same in any manner whatsoever to the Contractor, Supplier or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Aggregator to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Aggregator contained in Clause 8.1.1 and shall not in any manner shift to the Aggregator any risks assumed by the Supplier pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project Power Station shall be borne by the Contractor; Supplier and the Authority Aggregator shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Procurement Agreement, Procurement Agreement, Procurement Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or and /or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Joint Venture Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error, provided however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause of 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of designStandards, construction and maintenanceProject Site, Siteexisting structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability extent of access routes to the Site Users/ Buses and all information provided by the Concessioning Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Concessioning Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Concessioning Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Concessioning Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Concessioning Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Concessioning Authority contained in Clause 8.1.1 and shall not in any manner shift to the Concessioning Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Concessioning Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Development and Operations
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Page 48 of 148
Appears in 3 contracts
Samples: Contract Agreement, Contract Agreement, Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 3 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereofconsequencesthereof.
7.1 PerformanceSecurity
Appears in 3 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site conditions and all information provided by the Authority or obtained, procured or gathered otherwise, otherwise and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or and / or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, Concessionaire or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Article 8.1.4 shall not prejudice the disclaimer of the Authority contained in Article 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement Statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Disclaimer. (i) 8.1.1 The Contractor Service Provider acknowledges that prior to the execution of this Agreement, the Contractor Service Provider has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the ProjectAgreement, Specifications and Standards of designStandards, construction and maintenanceSilos, Siteexisting structures, local conditions, rail siding to the Silos, physical qualities of ground, subsoil and geologysubsoil, traffic volumes, suitability and availability of access routes to the Site geology and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2Article 7.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Service Provider confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Service Provider acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorService Provider, {the Selected Bidder / Members of the Consortium and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) Article 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Article 8.1.4 shall not prejudice the disclaimer of the Authority contained in Article 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Service Provider pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Service Provider and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Contract Agreement, Contract Agreement
Disclaimer. (i) 8.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of designStandards, construction and maintenancethe Site, SiteExisting Hospital, Existing Facilities, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site Patients, and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or or completeness of any assessment, assumptionsassumption, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above 8.1 shall not vitiate this Agreement, or render it voidable.
(v) 8.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above8.1, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification cum Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance& maintenance , Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Employer in the tender documents or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Employer in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Employer shall not be liable in any manner for such risks or the consequences thereof.. Contractor shall keep the Employer indemnified for any such risks. 6.1.7 Deleted
Appears in 2 contracts
Samples: Epc Agreement, Epc Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. 3333
Appears in 2 contracts
Samples: Engineering Procurement and Construction (Epc) Agreement, Engineering Procurement and Construction (Epc) Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 2 contracts
Samples: Epc Agreement, Construction Contract
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 2 contracts
Samples: Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil subsoil, and geology, traffic volumes, suitability and availability of access routes to the Site MSW waste characteristics and all information provided by the Authority Participating ULBs or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Participating ULBs makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority Participating ULBs in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Participating ULBs shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Participating ULBs to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Participating ULBs contained in Clause 8.1.1 and shall not in any manner shift to the Participating ULBs any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority Participating ULBs shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Disclaimer. (i) 8.1.1. The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications Standards and Standards of design, construction and maintenanceSpecifications, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumesaccessibility of Site, suitability and availability feasibility of access routes rail siding to the Site Silo Complex, issues related to land acquisition and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2. The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3. The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4. In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause
8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5. Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Disclaimer. (i) 7.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 5.1.2 and Clause 5.26.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 7.1.2 The Contractor Concessionaire acknowledges and hereby xxxxxx accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 7.1.3 The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DatePrice.
(iv) 7.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 7.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 7.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the ContractorConcessionaire; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Disclaimer. (i) 7.1.1 The Contractor Operator acknowledges on its behalf and on behalf of the Selected Bidder, that prior to the execution of this AgreementContract, the Contractor Selected Bidder and the Operator has, after a complete and careful examination, made an independent evaluation of the Request for ProposalRFP, Scope scope of O&M Services, Technical Specifications, Terminal, requirements of the ProjectApplicable Permits for effectuating its rights under this Contract, Specifications and Standards of design, construction and maintenance, Siteexisting structures, local conditions, dredging facilities, physical qualities of ground, subsoil and geology, contingencies, climatic, hydrological, natural conditions, weather, flood levels, natural drainage, environmental aspects, availability of local labour, materials and their rates traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptionsassumption, statement or information provided by it herein or under the Applicable Laws and the Contractor Operator confirms on its behalf and on behalf of the Selected Bidder that it shall have no claim whatsoever against the Authority in this regard.
(ii) 7.1.2 The Contractor Operator acknowledges and hereby accepts to have satisfied itself as to on its behalf and, where the correctness and sufficiency Operator is a special purpose vehicle, on behalf of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts Selected Bidder, the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 7.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorOperator, the Selected Bidder and its Affiliates or any person Person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 7.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article
7.1.1 above shall not vitiate this Agreement, Contract or render it voidable.
(v) 7.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) Article 7.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error, provided, however, that a failure on part of the Authority to give any notice pursuant to this Article 7.1.4 shall not prejudice the disclaimer of the Authority contained in Article 7.1.1 and shall not in any manner shift to the Authority any risks assumed by the Operator pursuant to this Contract.
(vi) 7.1.5 Except as otherwise provided in this AgreementContract, all risks relating to the Project performance of the O&M Services shall be borne by the Contractor; Operator and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Operation and Management Contract, Operation and Management Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. 38
Appears in 2 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil subsoil, channel and geology, meteorological and wave related data, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, its Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.consequencesthereof. State of Manipur” November 2020 State of Manipur” November 2020
7.1 PerformanceSecurity
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Meghalaya Package III (Km 47.075 to Km 77.055) on EPC Mode through ADB Loan assistance (Km 47.075 to Km 77.055) on EPC Mode through ADB Loan assistance
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.set
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site conditions and all information provided by the Authority or obtained, procured or gathered otherwise, otherwise and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or and / or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, Concessionaire or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III: Development and Operations
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Improvement and widening to two lane with paved shoulder of road from Km 21.100 to Km
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the the, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i6.1.(i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i6.1.(i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i6.1.(i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part - III Construction and Maintenance
Appears in 1 contract
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposal (RFP), Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority SPV or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority SPV makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority SPV in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority SPV shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority SPV shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Epc Agreement
Disclaimer. (i) 8.1.1. The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications Standards and Standards of design, construction and maintenanceSpecifications, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumesaccessibility of Site, suitability and availability feasibility of access routes road connectivity, to the Site silo complex , issues related to land acquisition and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2. The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above 8.1.1above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3. The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4. In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above8.1.1above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.27.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) . The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) . The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) . In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) . Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Development and Operations
Appears in 1 contract
Samples: Model Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance Construction of 4-Lane Bridge over Irang River on Imphal- Jiribam road section (95.500Km) NH-37 (Old NH-53) in the State of Manipur on EPC mode Construction of 4-Lane Bridge over Irang River on Imphal- Jiribam road section (95.500Km) NH-37 (Old NH-53) in the State of Manipur on EPC mode P a g e | 41
Appears in 1 contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor Contrac- tor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil sub- soil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwiseother- wise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness cor- rectness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error er- ror in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner man- ner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) . The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) . The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) . In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) ; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement. Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Development and Operations
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of designStandards, construction and maintenanceMaintenance Requirements, Safety Requirements, as built drawings, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, otherwise and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or and/ or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) . The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, Concessionaire or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) it. The Parties agree that any nay mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) . In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) ; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the authority any risks assumed by the Concessionaire pursuant to this Agreement. Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Construction of New Two-Lane Bridge (Parallel to existing Naranarayan Setu) with its approaches from Km 0+000 to Km 4+385 across River Brahmaputra on NH-17 at 33 Jogighopa in the State of Assam
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, ,physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site construction material and resources, railway connectivity, availability of electricity and water, business potential and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or nor render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (ia) The Contractor Developer acknowledges that prior to the execution of this Agreement, the Contractor Developer has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications Project Site (land area of Affordable Housing Site and Standards of designPrivate Housing Scheme Site), construction and maintenance, Siteexisting infrastructures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site geology and all information provided by the Authority Client or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Client makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Developer confirms that it shall have no claim whatsoever against the Authority Client in this regard.
(iib) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Developer acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above herein and hereby acknowledges and agrees that the Authority Client shall not be liable for the same in any manner whatsoever to the ContractorDeveloper, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(ivc) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (iArticle 3.1(a) above shall not vitiate this Agreement, or render it voidable.
(vd) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (iArticle 3.1(a) above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Client to give any notice pursuant shall not prejudice the disclaimer of the Client contained in Article 3.1(a) and shall not in any manner shift to the Client any risks assumed by the Developer pursuant to this Agreement.
(vie) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Developer and the Authority Client shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Development Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Employer in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Employer shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete acomplete and careful examination, examination ,made an independent anindependent evaluation of nf the Request for Proposalproposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities physicalqualities of ground, subsoil and geology, traffic volumes, suitability and availability of access ofaccess routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely arelikely to arise or may be faced by it in the course of performance of its obligations hereunderhere under. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of so any assessment, assumptions, statement or information provided by it and the Contractor confirms that confirmsthat it shall have no claim whatsoever against the what so ever againstthe Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error orerror in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges herebyacknowledges and agrees that the Authority shall not be liable for the same in any manner anymanner whatsoever to the Contractor, or any person claiming through or under any of themofthem, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i6.1(i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the ofthe matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errormistakeorerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be shallbe borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) 5.1.1 The Contractor Lead Partner acknowledges that prior to the execution of this Agreement, the Contractor Lead Partner has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification-cum- Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority DRP/SRA or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The DRP/SRA makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor SPV Company confirms that it shall have no claim whatsoever against the Authority DRP/SRA in this regard.
(ii) 5.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor SPV Company acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Article 5.1.1 above and hereby acknowledges and agrees that the Authority DRP/SRA shall not be liable for the same in any manner whatsoever to the Contractor, SPV Company and Lead Partner {the Consortium Members and their Associates} or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) 5.1.3 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) abovethis Agreement, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the DRP/SRA to give any notice pursuant to this Article 5.1.3 shall not prejudice the disclaimer of the Authority contained in Article 5.1.1 and shall not in any manner shift to the DRP/SRA any risks assumed by the SPV Company pursuant to this Agreement.
(vi) 5.1.4 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; SPV Company and the Authority DRP/SRA shall not be liable in any manner for such risks or the consequences thereof.
5.1.5 The SPV Company is required to obtain approvals from MCGM and/or any other authorities as may be applicable, before the commencement of On-Site and Off-Site infrastructure work under this Agreement.
Appears in 1 contract
Samples: Development Agreement
Disclaimer. (i) The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications Standards and Standards of design, construction and maintenanceSpecifications, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumesaccessibility of Site, suitability and availability feasibility of access routes rail siding to the Site Silo Complex, issues related to land acquisition and all information provided by the Authority or obtained, obtained procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) . The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) . The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) . In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil subsoil, and geology, traffic volumes, suitability and availability of access routes to the Site MSW waste characteristics and all information provided by the Authority Participating ULBs or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Participating ULBs makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority Participating ULBs in this regard.regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority Participating ULBs shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) Clause
8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.; provided, however, that a failure on part of the Participating ULBs to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Participating ULBs contained in Clause 8.1.1 and shall not in any manner shift to the Participating ULBs any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority Participating ULBs shall not be liable in any manner for such risks or the consequences thereof.. PART III - DEVELOPMENT AND OPERATIONS
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (ia) The Contractor Developer acknowledges that prior to the execution of this Agreement, the Contractor Developer has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications Project Site (land parcels of AHA Site and Standards of designPrivate Housing Site), construction and maintenance, Siteexisting infrastructures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site geology and all information provided by the Authority Client or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority The Client makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Developer confirms that it shall have no claim whatsoever against the Authority Client in this regard.
(iib) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Developer acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above herein and hereby acknowledges and agrees that the Authority Client shall not be liable for the same in any manner whatsoever to the ContractorDeveloper, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(ivc) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (iArticle 3.1(a) above shall not vitiate this Agreement, or render it voidable.
(vd) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (iArticle 3.1(a) above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Client to give any notice pursuant shall not prejudice the disclaimer of the Client contained in Article 3.1(a) and shall not in any manner shift to the Client any risks assumed by the Developer pursuant to this Agreement.
(vie) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Developer and the Authority Client shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Development Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction construction, operation and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Employer in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Employer shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Epc Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil subsoil, channel and geology, meteorological and wave related data, traffic volumes, suitability and availability of access routes to the Site volumes and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Employer in this regard. Provided Design Date or Capacities are for reference only.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Employer shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Epc Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, Agreement or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereofconsequencesthereof.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof. (Design Chainage 50+710 to 65+923) of Parokhuwa – Dokmoka Section(Package 2) of NH 29 in the state of Assam on EPC mode. (Design Chainage 50+710 to 65+923) of Parokhuwa – Dokmoka Section(Package 2) of NH 29 in the state of Assam on EPC mode.
7.1 Performance Security
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 7.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalQualification, Request for Proposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 7.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 7.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 7.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 7.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or errorerror provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 7.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 7.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 7.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the ContractorConcessionaire; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) 3.9.1 The Contractor OWPD acknowledges that prior to the execution of this Agreement, the Contractor OWPD has, after a complete and careful examination, made an independent evaluation of the Request for ProposalSeabed, Scope of the Project, Specifications Standards and Standards of design, construction and maintenance, SiteSpecifications, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority SECI or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority SECI makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or and/ or completeness of any assessment, assumptions, statement or information provided by it and the Contractor OWPD confirms that it shall have no claim whatsoever against the Authority SECI in this regard.
(ii) 3.9.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor OWPD acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority SECI shall not be liable for the same in any manner whatsoever to the ContractorOWPD, and its Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 3.9.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 3.9.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 3.9.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the SECI to give any notice pursuant to this Clause 3.9.4 shall not prejudice the disclaimer of SECI contained in Clause 3.9.1 and shall not in any manner shift to the SECI any risks assumed by the OWPD pursuant to this Agreement.
(vi) 3.9.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; OWPD and the Authority SECI shall not be liable in any manner for such risks or the consequences thereof.
3.9.6 Financial liability, if any, arising out of this Agreement shall be enforceable upon SECI only upon receipt of the penalty/payment from the Buying Entity.
Appears in 1 contract
Samples: Power Purchase Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. (existing km 60.900 of old NH-40) to NH-106 (old NH-44E), (Package-II) km 12+800 to km 24+700 under SARDP- NE ‘Phase A’ in the State of Meghalaya on EPC Mode km 60.900 of old NH-40) to NH-106 (old NH-44E), (Package-II) km 12+800 to km 24+700 under SARDP-NE ‘Phase A’ in the State of Meghalaya on EPC Mode
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Widening/Improvement to 4 (Four) Lane with Paved Shoulder from KM 131+500 to Km 146+250 (Design Chainage 131+152 to 145+712) of Manja – Dillai Section (Package-7) of NH 29 in the state of Assam on EPC mode Widening/Improvement to 4 (Four) Lane with Paved Shoulder from KM 131+500 to Km 146+250 (Design Chainage 131+152 to 145+712) of Manja – Dillai Section (Package-7) of NH 29 in the state of Assam on EPC mode
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site construction material and resources, railway connectivity, availability of electricity and water, business potential and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error; provided, however, that a failure on part of the Authority to give any notice pursuant to this Clause 8.1.4 shall not prejudice the disclaimer of the Authority contained in Clause 8.1.1 and shall not in any manner shift to the Authority any risks assumed by the Concessionaire pursuant to this Agreement.
(vi) 8.1.5 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; Concessionaire and the Authority shall not be liable in any manner for such risks or the consequences thereof.
8.1.6 The Concessionaire acknowledges and xxxxxx accepts to have satisfied itself as to the sufficiency and correctness/acceptability of the Concession Fee.
Appears in 1 contract
Samples: Model Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. 81+000 (Design Chainage 65+923 to 80+930) of Dokmoka – LoringThepi Section (Package-3) of NH-29 in the state of Assam on EPC mode 81+000 (Design Chainage 65+923 to 80+930) of Dokmoka – LoringThepi Section (Package-3) of NH-29 in the state of Assam on EPC mode
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regardthisregard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract PriceContractPrice.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of anyof them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidableitvoidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of anyof the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or errororerror.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereofconsequencesthereof.
7.1 PerformanceSecurity
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Part III Construction and Maintenance
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. km) in the state of Manipur – 2nd call September 2020 km) in the state of Manipur – 2nd call September 2020
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof. 3333 Article 7 Performance Security
7.1 Performance Security
(i) (A) Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the form set forth in Annex-I of Schedule-G (the “Performance Security”) for an amount equal to 5% (five percent) of its Bid Price. In case of bids mentioned below, the Selected Bidder, along with the Performance Security, shall also furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the same form given at Annex-I of Schedule-G towards an Additional Performance Security (the “Additional Performance Security”) for an amount calculated as under:
(a) If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20% of the estimated Project Cost, then the Additional Performance Security shall be calculated @20% of the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price offered by the selected Bidder.
(b) If the Bid Price offered by the Selected Bidder is lower than 20% of the Estimated Project Cost, then the Additional Performance Security shall be calculated @ 30% of the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price offered by the Selected Bidder.
(c) This Additional Performance Security shall be treated as part of the Performance Security.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. National Highways & Infrastructure Development Corporation Limited / EPC
Appears in 1 contract
Samples: Epc Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof. km 606+300 of NH-37 on existing Lahoal – Chabua Bypass i.e. Borborua Junction – Kandulibari Grant Gaon section in the State of Assam on EPC mode. km 606+300 of NH-37 on existing Lahoal – Chabua Bypass i.e. Borborua Junction – Kandulibari Grant Gaon section in the State of Assam on EPC mode.
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. 6.1 Disclaimer
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
7.1 Performance Security
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification cum Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance& maintenance , Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Employer in the tender documents or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Employer makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Employer in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Employer shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Employer shall not be liable in any manner for such risks or the consequences thereof. Contractor shall keep the Employer indemnified for any such risks.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
7.1 Performance Security (i) (A) Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the form set forth in Annex-I of Schedule-G (the “Performance Security”) for an amount equal to 3% (three percent) of its Bid Price. In case of bids mentioned below, the Selected Bidder, along with the Performance Security, shall also furnish to the Authority an irrevocable and unconditional guarantee from a Bank in the same form given at Annex-I of Schedule-G towards an Additional Performance Security (the “Additional Performance Security”) for an amount calculated as under:
(a) If the Bid Price offered by the Selected Bidder is lower than 15% but upto 20% of the Estimated Project Cost, then the Additional Performance Security shall be 10% of the Bid Price offered by the selected Bidder.
(b) If the Bid Price offered by the Selected Bidder is lower than 20% of the Estimated Project Cost, then the Additional Performance Security shall be 20% of the Bid Price offered by the Selected Bidder.
(c) This Additional Performance Security shall be treated as part of the Performance Security.
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Qualification, Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, Agreement or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. paved shoulder from design Km 0+000 to Km 36+635 (Design Length= 36.635 Km) (existing Km 112+000 to Km 151+060 of Old NH-62) under Bharatmala Pariyojana (Lot-1) Pkg-1B on EPC mode in the state of Meghalaya shoulder from design Km 0+000 to Km 36+635 (Design Length= 36.635 Km) (existing Km 112+000 to Km 151+060 of Old NH-62) under Bharatmala Pariyojana (Lot-1) Pkg-1B on EPC mode in the state of Meghalaya
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion DateCompletionDate.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor-2nd Call Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor-2nd Call
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) 6.1.1 The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority Authority/GMDA or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 4.1.2 and Clause 5.2, the Authority Authority/GMDA makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority Authority/GMDA in this regard.
(ii) 6.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) 6.1.3 The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above and hereby acknowledges and agrees that the Authority Authority/GMDA shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 6.1.4 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 6.1.5 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 6.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) 6.1.6 Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority Authority/GMDA shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Disclaimer.
(i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Pancharatna) – Agia (Near Nichinta) Section (Package-6) of Bilasipura- Guwahati road (NH 17) in the state of Assam on EPC mode Pancharatna) – Agia (Near Nichinta) Section (Package-6) of Bilasipura- Guwahati road (NH 17) in the state of Assam on EPC mode
Appears in 1 contract
Samples: Contract Agreement
Disclaimer. (i) 8.1.1 The Contractor Concessionaire acknowledges that prior to the execution of this Agreement, the Contractor Concessionaire has, after a complete and careful examination, made an independent evaluation of the Request for ProposalProposals, Scope of the Project, Specifications and Standards of design, construction and maintenanceStandards, Site, existing structures, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site construction material and resources, railway connectivity, availability of electricity and water, business potential and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as hazardsas are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the The Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor Concessionaire confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) 8.1.2 The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the ContractorConcessionaire, {the Consortium Members and their} Associates or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) 8.1.3 The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above shall not vitiate this Agreement, or render it voidable.
(v) 8.1.4 In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) 8.1.1 above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement; provided, all risks relating to the Project shall be borne by the Contractor; and however, that a failure on part of the Authority shall not be liable in to give any manner for such risks or the consequences thereof.notice pursuant to this Clause
Appears in 1 contract
Samples: Concession Agreement
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause Clause
3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.
Appears in 1 contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. of old NH-40) to NH-106 (old NH-44E), km 0+000 to km 12+800 (Package-I) under SARDP-NE ‘PHASE A’ in the State of Meghalaya on EPC Mode
Appears in 1 contract
Samples: Construction Contract
Disclaimer. (i) The Contractor acknowledges that prior to the execution of this Agreement, the Contractor has, after a complete and careful examination, made an independent evaluation of the Request for Proposal, Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability of access routes to the Site and all information provided by the Authority or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. Save as provided in Clause 3.1 and Clause 5.2, the Authority makes no representation whatsoever, express, implicit or otherwise, regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Contractor confirms that it shall have no claim whatsoever against the Authority in this regard.
(ii) The Contractor acknowledges and hereby accepts to have satisfied itself as to the correctness and sufficiency of the Contract Price.
(iii) The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above and hereby acknowledges and agrees that the Authority shall not be liable for the same in any manner whatsoever to the Contractor, or any person claiming through or under any of them, and shall not lead to any adjustment of Contract Price or Scheduled Completion Date.
(iv) The Parties agree that any mistake or error in or relating to any of the matters set forth in Clause 6.1 (i) above shall not vitiate this Agreement, or render it voidable.
(v) In the event that either Party becomes aware of any mistake or error relating to any of the matters set forth in Clause 6.1 (i) above, that Party shall immediately notify the other Party, specifying the mistake or error.
(vi) Except as otherwise provided in this Agreement, all risks relating to the Project shall be borne by the Contractor; and the Authority shall not be liable in any manner for such risks or the consequences thereof.. Improvement and widening to two lane with paved shoulder of road from Km 63.700 to Km 75.700 (Total length: 12.000 km) i.e. Bamanchara - Srirampur section of NH- 208 (Package-IV) in the state of Tripura on EPC basis Improvement and widening to two lane with paved shoulder of road from Km 63.700 to Km 75.700 (Total length: 12.000 km) i.e. Bamanchara - Srirampur section of NH-208 (Package-IV) in the state of Tripura on EPC basis
Appears in 1 contract
Samples: Contract Agreement
