Disclosed Data. It is Project Co’s responsibility to have conducted its own analysis and review of the Project and, before the execution of this Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness and applicability of any Disclosed Data upon which it places reliance and to assess all risks related to the Project. Subject to Section (e) of the definition of Compensation Event and the Authority’s obligations set out in Schedule 7 [Lands], Project Co will not be entitled to and will not make (and will ensure that no Project Contractor or Sub-Contractor makes) any claim against the Authority or any Authority Indemnified Persons, whether in contract, tort or otherwise including any claim in damages, for extensions of time or for additional payments under this Agreement on the grounds:
(a) of any misunderstanding or misapprehension in respect of the Disclosed Data;
(b) that the Disclosed Data was incorrect or insufficient; or
(c) that incorrect or insufficient information relating to the Disclosed Data was given to it by any Person other than the Authority, nor will Project Co be relieved from any obligation imposed on or undertaken by it under this Agreement on any such ground.
Disclosed Data. Except as otherwise expressly provided in any other provision of this Agreement or as a result of any breach of any express obligation of the Province under this Agreement, the Province shall not have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the part of the Province or any Province Person) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. The Province does not give, has not given nor shall the Province be deemed to have given any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the procurement process for the Project or at or after the date of execution of this Agreement) relevant or material to the Project, the Facility, the Site or the obligations undertaken by Project Co under this Agreement. Without limiting the generality of the foregoing, the Province shall not have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the part of the Province or any Province Person) in respect of any failure to disclose or make available (whether before or after the execution of this Agreement) to Project Co any information, documents or data, any failure to keep the Disclosed Data up to date, or any failure to inform Project Co (whether before or after execution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. Project Co acknowledges, represents, warrants and confirms that:
(a) Project Co shall be deemed to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has satisfied itself as to the accuracy, completeness, applicability and adequacy of all such Disclosed Data upon which it places reliance; and
(b) Project Co shall not be entitled to make, and shall not make, any claim against the Province or any Province Person, or any other Governmental Authority whether in damages or for losses or for extensions of time, compensation or additional payments or other relief, and whether under this Agreement or otherwise, and shall not be released from any risks o...
Disclosed Data. The Company warrants and represents to the Scottish Ministers that it has conducted its own analysis and review of the Disclosed Data and that it has satisfied itself as to the accuracy, completeness and fitness for purpose of any Disclosed Data on which it places reliance.
Disclosed Data. It is Project Co’s responsibility to have conducted its own analysis and review of the Project and, before the execution of this Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness and applicability of any Disclosed Data upon which it places reliance and to assess all risks related to the Project. Subject to Section (e) of the definition of Compensation Event, Section 6.7 of Schedule 2 [Design and Construction Protocols and the Authority’s obligations set out in Schedule 7 [Lands], Project Co will not be entitled to and will not make (and will ensure that no Project Contractor or Sub-Contractor makes) any claim against the Authority or any Authority Indemnified Persons, whether in contract, tort or otherwise including any claim in damages for extensions of time or for additional payments under this Agreement on the grounds:
(a) of any misunderstanding or misapprehension in respect of the Disclosed Data;
(b) that the Disclosed Data was incorrect or insufficient; or
(c) that incorrect or insufficient information relating to the Disclosed Data was given to it by any Person other than the Authority, nor will Project Co be relieved from any obligation imposed on or undertaken by it under this Agreement on any such ground.
Disclosed Data any information relating to a data subject received by the Service Provider from or on behalf of the Customer in connection with the performance of the Service Provider’s obligations under this agreement.
Disclosed Data. HPTE has made available to the Concessionaire certain materials, documents and data related to the Project and the Site and the Managed Lanes, including, without limitation, the Reference Documents, and other documents which were placed on an intranet site during the procurement process and have been either copied onto a CD initialed by the Parties, or certified as received by the Parties (collectively, the "Disclosed Data").
Disclosed Data. No information contained in the Disclosed Data contains any untrue statement of material fact or omits to state a material fact necessary to make each statement contained therein, in light of the circumstances in which it was made, not misleading.
Disclosed Data. The Operator acknowledges that the Authority and its advisers, consultants, servants, contractors and/or agents have made the Disclosed Data available to the Operator prior to the Commencement Date.
Disclosed Data. The Company warrants and represents to the Contracting Authority that it has conducted its own analysis and review of the Disclosed Data and that it has satisfied itself as to the accuracy, completeness and fitness for purpose of any Disclosed Data on which it places reliance.
Disclosed Data. 7.1 The Grantor has made available to the Concessionaire prior to the Execution Date certain materials, documents and data related to the Project, Concession Area, Works and the Services (including the content of the Data Room) and other matters which are or may be relevant to the Project and the obligations undertaken by the Concessionaire under this Agreement as well as any other information given orally or in written form to the Concessionaire (the "Disclosed Data").
7.2 The Grantor shall not be liable to the Concessionaire in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data, except in case of fraud or deceit of the Grantor.
7.3 The Grantor gives no warranty or undertaking that the Disclosed Data represents all of the information in its possession or power (either during the tender process or at the execution of this Agreement) relevant or material to the Project or the obligations undertaken by the Concessionaire under this Agreement. The Grantor shall not be liable to the Concessionaire in respect of any failure to disclose or make available (whether before or after the execution of this Agreement) to the Concessionaire any information, documents or data, nor to keep the Disclosed Data up to date, nor to inform the Concessionaire (whether before or after execution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy in the Disclosed Data except in the case of fraud or deceit.
