Common use of Disclosed Data Clause in Contracts

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.

Appears in 5 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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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 Sections (b) and (e) of the definition of Compensation Event and the Authority’s obligations set out in Schedule 7 [LandsSites], 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 or a Person on behalf of the Authority, nor will Project Co be relieved from any obligation imposed on or undertaken by it under this Agreement on any such ground.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

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 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, 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.

Appears in 1 contract

Samples: Project Agreement

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;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.

Appears in 1 contract

Samples: Project Agreement

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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.

Appears in 1 contract

Samples: Project Agreement

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, 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.

Appears in 1 contract

Samples: Project Agreement

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