Common use of Disclosed Data Clause in Contracts

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 or obligations imposed on or undertaken by Project Co under this Agreement, on any grounds relating to the Disclosed Data, including: (i) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in this Section; or (ii) on the grounds that incorrect, insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any Person (whether or not in the employ of the Province) including any Province Person or any other Governmental Authority, except for an otherwise valid claim by the Project Co: (A) pursuant to any other express provision of this Agreement; or (B) in respect of any breach of any express obligation of the Province under this Agreement.

Disclosed Data. (a) Except as otherwise expressly provided in any other provision provisions of this Agreement Agreement, including Section 2.15(d), or as a result of any breach of any express obligation of the Province or BCTFA under this Agreement, neither the Province nor BCTFA 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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. The . (b) Neither the Province does not givenor BCTFA gives or makes, has not given nor or made or shall the Province be deemed to have given or made, 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 FacilityProject Infrastructure, the Project Site or the obligations undertaken by Project Co under this Agreement. Without limiting the generality of the foregoing, neither the Province nor BCTFA 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 BCTFA or any person for whom the Province Personis in law responsible) 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. , except for any otherwise valid Claim by Project Co: (i) pursuant to any other express provision of this Agreement or of any other Province Project Document; or (ii) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. (c) Project Co acknowledges, represents, warrants and confirms that:, without prejudice to its express rights under any other provisions of this Agreement, including Section 2.15(d): (ai) 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 to have satisfied itself as to the accuracy, completeness, applicability completeness and adequacy of all such Disclosed Data upon which it places reliancehas relied upon, adopted or made use of or intends to rely upon, adopt or make use of in carrying out the Project Work; and (bii) Project Co shall not be entitled to make, and shall not make, any claim Claim against the Province or any Province PersonBCTFA, or any other Governmental Authority whether in damages or for losses 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 or obligations imposed on or undertaken by Project Co it under this AgreementAgreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (iA) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in this SectionSection 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (iiB) on the grounds that incorrect, insufficient or incomplete information relating to the Disclosed Data or to the Project Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site Infrastructure thereon was given to it by any Person person (whether or not in the employ of the ProvinceProvince or BCTFA) including any person for whom the Province Person is in law responsible, the City of Vancouver or any other Governmental Authority, except for an otherwise valid claim Claim by the Project Co: (A1) pursuant to any other express provision of this AgreementAgreement or of any other Province Project Document; or (B2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. The provisions of any paragraph of this Section 2.15(c) do not limit the provisions of any other paragraph of this Section 2.15(c). (d) Notwithstanding the foregoing provisions of this Section 2.15 or any other provision of this Agreement, if a delay is caused to the progress of the Project Work or any additional costs are incurred by Project Co in performing the Project Work that in either case would not otherwise have been experienced or incurred by Project Co in performing its obligations under this Agreement, and such delay or costs are a direct result of an error in the Factual Geotechnical Data (as at the currency date of the relevant Factual Geotechnical Data) upon which Project Co has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Project Infrastructure, then such error in the Factual Geotechnical Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, Project Co shall not be entitled to relief under this Section 2.15 if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to Project Co at the relevant time, reasonable in accordance with Good Industry Practice for Project Co to rely on the Factual Geotechnical Data containing the error or to rely on such Factual Geotechnical Data without further investigation or site examination.

Disclosed Data. (a) Except as otherwise expressly provided in any other provision Section 2.15(e), and except in the case of this Agreement or as a result of any breach of any express obligation Compensation Events described in subsections (f), (p) and (q) of the Province under this Agreementdefinition of Compensation Event in Section 1.1 [Definitions] of Schedule 1 (subject to the provisions of Part 8 [Supervening Events]), neither the Province nor BCTFA shall not have any liability to Project Co the Concessionaire (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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. The . (b) Neither the Province does not givenor BCTFA gives, has not given nor or shall the Province be deemed to have given 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 FacilityProject Infrastructure, the Project Site or the obligations undertaken by Project Co the Concessionaire under this Agreement. Without limiting the generality of the foregoing, neither the Province nor BCTFA shall not have any liability to Project Co the Concessionaire (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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any failure to disclose or make available (whether before or after the execution of this Agreement) to Project Co the Concessionaire any information, documents or data, any failure to keep the Disclosed Data up to date, or any failure to inform Project Co the Concessionaire (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 . (c) The Concessionaire acknowledges, represents, warrants and confirms that, without prejudice to its rights under Section 2.15(e) and its rights under this Agreement with respect to Compensation Events described in subsections (f), (p) and (q) of the definition of Compensation Event in Section 1.1 [Definitions] of Schedule 1: (ai) Project Co the Concessionaire 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 to have satisfied itself as to the accuracy, completeness, applicability completeness and adequacy fitness for purpose of all such Disclosed Data upon which it places reliance; and (bii) Project Co the Concessionaire shall not be entitled to make, and shall not make, any claim Claim against the Province or any Province PersonBCTFA, or any other Governmental Authority whether in damages or for losses Losses or for extensions of time, compensation time or additional payments or other relief, and whether under this Agreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by Project Co it under this AgreementAgreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (iA) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in this SectionSection 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (iiB) on the grounds that incorrect, incorrect or insufficient or incomplete information relating to the Disclosed Data or to the Site Specified Concession Lands, the Specified Other Highway Lands, any Non-Province Controlled Lands that may or do become Port Lands or Municipal Lands, the Original Concession Infrastructure, the Original Other Highway Infrastructure, the Original Port Infrastructure or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site Original Municipal Infrastructure was given to it by any Person (person, whether or not in the employ of the Province) including any Province Person or any other Governmental AuthorityBCTFA, except for an otherwise valid claim Claim by the Project CoConcessionaire: (A1) pursuant to any other express provision of this AgreementAgreement or of any other Province Project Document; or (B2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. (d) The provisions of any subsection of Section 2.15(c) do not limit the provisions of any other subsection of Section 2.15(c). (e) Notwithstanding the foregoing provisions of this Section 2.15 [Disclosed Data] or any other provision of this Agreement, if a delay is caused to the progress of the Construction Activities prior to the Total Completion Date or any additional costs are incurred by the Concessionaire in performing the Construction Activities prior to the Total Completion Date that in either case would not otherwise have been experienced or incurred by the Concessionaire in performing its obligations under this Agreement, and such delay and/or costs are a direct result of: (i) a factual error (as at the currency date of the relevant bore hole or test pit log or survey data) in any of the Geotechnical and Survey Data upon which the Concessionaire has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Primary Infrastructure Components, then such factual error in the Geotechnical and Survey Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, the Concessionaire shall not be entitled to relief under this Section if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to the Concessionaire at the relevant time, reasonable in accordance with Good Industry Practice for the Concessionaire to rely on the Geotechnical and Survey Data containing the factual error or to rely on such Geotechnical and Survey Data without further investigation or site examination; or (ii) a discrepancy between the boundaries of any parcel of Specified Concession Lands or Specified Other Highway Lands (in each case excluding any Future Railway Lands) as shown on the Land Identification AutoCAD Drawings, and the boundaries of the parcel of Specified Concession Lands or Specified Other Highway Lands (in each case excluding any Future Railway Lands) as made available to the Concessionaire pursuant to Section 3.1 [Provision of Project Site], then such discrepancy shall constitute a Compensation Event pursuant to subsection (b) of the definition of “Compensation Event” in Section 1.1 [Definitions] of Schedule 1. It is understood and agreed that the final boundaries of the Future Railway Lands are to be defined in the Railway Crossing Agreements or Railway Orders in respect of the Future Railway Lands to be obtained pursuant to Part 6 [Railway Agreements] of Schedule 8, and that any discrepancy between the boundaries of any Future Railway Lands as shown on the Land Identification AutoCAD Drawings and the boundaries of such Future Railway Lands as made available to the Concessionaire pursuant to this Agreement shall not constitute a Compensation Event pursuant to subsection (b) of the definition of “Compensation Event” in Section 1.1 [Definitions] of Schedule 1.

Disclosed Data. ‌ (a) 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 Authority under this Agreement, the Province Authority 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 Authority or any Province Authority Person) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. . (b) The Province Authority does not give, has not given given, nor shall will the Province Authority be deemed to have given 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 FacilityFacilities, the Site Lands, or the obligations undertaken by Project Co under this Agreement. Without limiting the generality of the foregoing, the Province shall Authority will 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 Authority or any Province Authority 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:. (ac) It is Project Co shall be deemed Co’s responsibility to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has satisfied Project and, before the execution of this Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness, completeness and applicability and adequacy of all such any Disclosed Data upon which it places reliance; and reliance and to assess all risks related to the Project. Subject to Section (be) of the definition of Compensation Event and the Authority’s obligations set out in Schedule 7 [Lands], Project Co shall will not be entitled to make, and shall will not make, make (and will ensure that neither the Design-Builder nor any Sub-Contractor makes) any claim against the Province Authority or any Province PersonAuthority Indemnified Persons, or any other Governmental Authority whether in damages contract, tort or for losses or otherwise including any claim in damages, for extensions of time, compensation time or for additional payments or other relief, and whether under this Agreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by Project Co under this Agreement, on any grounds relating to the Disclosed Data, includinggrounds: (i1) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data; (2) that the Disclosed Data was incorrect or any of the matters referred to in this Sectioninsufficient; or (ii3) on the grounds that incorrect, incorrect or insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any Person (whether or not in other than the employ of the Province) including any Province Person or any other Governmental Authority, except for an otherwise valid claim nor will Project Co be relieved from any obligation imposed on or undertaken by the Project Co: (A) pursuant to any other express provision of this Agreement; or (B) in respect of any breach of any express obligation of the Province it under this AgreementAgreement on any such ground.

Disclosed Data. (a) 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. . (b) 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:. (ac) It is Project Co shall be deemed Co’s responsibility to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has satisfied Project and, before the execution of this Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness, completeness and applicability and adequacy of all such any Disclosed Data upon which it places reliance; and reliance and to assess all risks related to the Project. Subject to Section (be) of the definition of Compensation Event and the Province’s obligations set out in Schedule 7 [Lands], Project Co shall will not be entitled to make, and shall will not make, make (and will ensure that no Project Contractor or Sub-Contractor makes) any claim against the Province or any Province PersonIndemnified Persons, or any other Governmental Authority whether in damages contract, tort or for losses or otherwise including any claim in damages, for extensions of time, compensation time or for additional payments or other relief, and whether under this Agreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by Project Co under this Agreement, on any grounds relating to the Disclosed Data, includinggrounds: (i1) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data; (2) that the Disclosed Data was incorrect or any of the matters referred to in this Sectioninsufficient; or (ii3) on the grounds that incorrect, incorrect or insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any Person (whether or not in the employ of other than the Province) including , nor will Project Co be relieved from any Province Person obligation imposed on or any other Governmental Authority, except for an otherwise valid claim undertaken by the Project Co: (A) pursuant to any other express provision of this Agreement; or (B) in respect of any breach of any express obligation of the Province it under this AgreementAgreement 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 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data (the “Disclosed Data”) related to the design and construction of the Province Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Province Trust shall not have any liability be liable to Project Co the Operator (whether in contract, tort, by statute delict or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent act or negligent omission misrepresentation) on the part of the Province Trust or any Province Personagent, adviser or contractor of the Trust) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. . 36.3 The Province does not give, has not given nor shall the Province be deemed to have given any representation, Trust gives no warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the procurement process tender or bidding for the Project or at or after the date of execution of this AgreementExecution Date) relevant or material to the Project, the Facility, the Site Project or the obligations undertaken by Project Co the Operator under this Agreement. Without limiting the generality of the foregoing, the Province The Trust shall not have any liability be liable 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) Operator in respect of any failure to disclose or make available (whether before or after the execution of this AgreementExecution Date) to Project Co the Operator any information, documents or data, any failure nor to keep the Disclosed Data up to date, or any failure nor to inform Project Co the Operator (whether before or after execution of this Agreementthe Execution Date) of any inaccuracy, error, omission, unfitness for purpose, defect defects or inadequacy of any kind whatsoever in the Disclosed Data. Project Co acknowledges, represents, warrants . 36.4 The Operator acknowledges and confirms that:confirms:- (a) Project Co shall be deemed to have 36.4.1 it has conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has before the execution of this Agreement satisfied itself as to the accuracy, completeness, applicability completeness and adequacy fitness for purpose of all such Disclosed Data upon which it places reliance; and; (b) Project Co 36.4.2 it shall not be entitled to make, and shall not make, make any claim against the Province Trust or any Province Personof its agents, advisers or any other Governmental Authority contractors, whether in damages or for losses or for extensions of time, compensation time or additional payments or other relief, and whether under this Agreement Agreement, on the grounds of any misunderstanding or otherwisemisapprehension in respect of the Disclosed Data or the matters referred to in Clause 36.4.1 or on the grounds that incorrect or insufficient information relating thereto or to the Site was given to it by any person, and whether or not in the employ of the Trust; and 36.4.3 it shall not be released relieved from any risks or obligations imposed on or undertaken by Project Co it under this Agreement, Agreement on any grounds relating to the Disclosed Data, including: (i) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters such ground as is referred to in Clause 36.4.2. 36.5 Nothing in this Section; or (ii) on Clause 36 shall derogate from the grounds that incorrect, insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or Trust’s warranties contained in the vicinity of the Site was given to it by any Person (whether or not in the employ of the Province) including any Province Person or any other Governmental Authority, except for an otherwise valid claim by the Project Co: (A) pursuant to any other express provision of this Agreement; or (B) in respect of any breach of any express obligation of the Province under this AgreementClause 5.2.

Disclosed Data. ‌ (a) Except as otherwise expressly provided in any other provision of this Agreement (including Section 2.15(d)) or as a result of any breach of any express obligation of the Province or BCTFA under this Agreement, neither the Province nor BCTFA shall not have any liability to Project Co the Primary Contractor (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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. The . (b) Neither the Province does not givenor BCTFA gives, has not given nor or 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 FacilityProject Infrastructure, the Site or the obligations undertaken by Project Co the Primary Contractor under this Agreement. Without limiting the generality of the foregoing, neither the Province nor BCTFA shall not have any liability to Project Co the Primary Contractor (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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any failure to disclose or make available (whether before or after the execution of this Agreement) to Project Co the Primary Contractor any information, documents or data, any failure to keep the Disclosed Data up to date, or any failure to inform Project Co the Primary Contractor (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 , except for an otherwise valid Claim by the Primary Contractor:‌ (i) pursuant to any other express provision of this Agreement; or (ii) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement. (c) The Primary Contractor acknowledges, represents, warrants and confirms that:, without prejudice to its rights under Section 2.15(d): (ai) Project Co the Primary Contractor 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 completeness and adequacy of all such Disclosed Data upon which it places reliance; andand‌ (bii) Project Co the Primary Contractor shall not be entitled to make, and shall not make, any claim Claim against the Province, BCTFA, any other person for whom the Province or any Province Personis in law responsible, CPR, TransLink, a Municipality or any other Governmental Authority whether in damages or for losses 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 or obligations imposed on or undertaken by Project Co it under this Agreement, on any grounds relating to the Disclosed Data, including: (iA) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in this SectionSection 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (iiB) on the grounds that incorrect, incorrect or insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any Person person (whether or not in the employ of the ProvinceProvince or BCTFA) including any person for whom the Province Person is in law responsible, CPR, TransLink, a Municipality or any other Governmental Authority, except for an otherwise valid claim Claim by the Project CoPrimary Contractor: (A1) pursuant to any other express provision of this Agreement; or (B2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement. (d) Notwithstanding the foregoing provisions of this Section 2.15 [Disclosed Data] or any other provision of this Agreement, if a delay is caused to the progress of Construction prior to the Substantial Completion Date or any net additional costs are incurred by the Primary Contractor in performing Construction prior to the Substantial Completion Date that in either case would not otherwise have been experienced or incurred by the Primary Contractor in performing its obligations under this Agreement, and such delay or costs are a direct result of a factual error (as at the currency date of the relevant bore hole or test pit log or survey data) in any of the Borehole and Test Pit Log Data upon which the Primary Contractor has reasonably and in accordance with Good Industry Practice relied in the Design and Construction of the Project Infrastructure, then such factual error in the Borehole and Test Pit Log Data shall constitute a Compensation Event and the provisions of Part 9 [Supervening Events] shall apply. For greater certainty, the Primary Contractor shall not be entitled to relief under this Section 2.15 [Disclosed Data] if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to the Primary Contractor at the relevant time, reasonable in accordance with Good Industry Practice for the Primary Contractor to rely on the Borehole and Test Pit Log Data containing the factual error or to rely on such Borehole and Test Pit Log Data without further investigation or site examination.‌

Disclosed Data. (a) Except as otherwise expressly provided in any other provision provisions of this Agreement Agreement, including Section 2.15(d), or as a result of any breach of any express obligation of the Province under this Agreement, neither the Province nor BCTFA 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 BCTFA or any person for whom the Province Personis in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. The . (b) Neither the Province does not givenor BCTFA gives or makes, has not given nor or made or shall the Province be deemed to have given or made, 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 FacilityProject Infrastructure, the Project Site or the obligations undertaken by Project Co under this Agreement. Without limiting the generality of the foregoing, neither the Province nor BCTFA 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 BCTFA or any person for whom the Province Personis in law responsible) 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. , except for any otherwise valid Claim by Project Co: (i) pursuant to any other express provision of this Agreement or of any other Province Project Document; or (ii) in respect of any breach of any express obligation of the Province under this Agreement or under any other Province Project Document. (c) Project Co acknowledges, represents, warrants and confirms that:, without prejudice to its express rights under any other provisions of this Agreement, including Section 2.15(d): (ai) 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 to have satisfied itself as to the accuracy, completeness, applicability completeness and adequacy of all such Disclosed Data upon which it places reliancehas relied upon, adopted or made use of or intends to rely upon, adopt or make use of in carrying out the Project Work; and (bii) Project Co shall not be entitled to make, and shall not make, any claim Claim against the Province or any Province PersonBCTFA, or any other Governmental Authority whether in damages or for losses 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 or obligations imposed on or undertaken by Project Co it under this AgreementAgreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (iA) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in this SectionSection 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (iiB) on the grounds that incorrect, insufficient or incomplete information relating to the Disclosed Data or to the Project Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site Infrastructure thereon was given to it by any Person person (whether or not in the employ of the ProvinceProvince or BCTFA) including any person for whom the Province Person is in law responsible, a Municipality or any other Governmental Authority, except for an otherwise valid claim Claim by the Project Co: (A1) pursuant to any other express provision of this AgreementAgreement or of any other Province Project Document; or (B2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. The provisions of any paragraph of this Section 2.15(c) do not limit the provisions of any other paragraph of this Section 2.15(c). (d) Notwithstanding the foregoing provisions of this Section 2.15 or any other provision of this Agreement, if a delay is caused to the progress of the Project Work or any additional costs are incurred by Project Co in performing the Project Work that in either case would not otherwise have been experienced or incurred by Project Co in performing its obligations under this Agreement, and such delay and/or costs are a direct result of an error in the Factual Geotechnical Data (as at the currency date of the relevant Factual Geotechnical Data) upon which Project Co has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Project Infrastructure, then such error in the Factual Geotechnical Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, Project Co shall not be entitled to relief under this Section 2.15 if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to Project Co at the relevant time, reasonable in accordance with Good Industry Practice for Project Co to rely on the Factual Geotechnical Data containing the error or to rely on such Factual Geotechnical Data without further investigation or site examination.