Effect of Variation in Returns. 16.2.1 The Facility Manager agrees and acknowledges that Authority, the MOR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the SFM Project, or the potential revenue/ returns to the Facility Manager from SFM Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, Authority, MOR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the License Fee payable under this SFM Agreement or Term of SFMA hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the SFM Project, or the any revenues/ returns therefrom.
Appears in 13 contracts
Samples: Station Facility Management Agreement, Station Facility Management Agreement, Station Facility Management Agreement
Effect of Variation in Returns. 16.2.1 The Facility Manager agrees and acknowledges that Authority, the MOR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the SFM Project, or the potential revenue/ returns to the Facility Manager from SFM Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, Authority, MOR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the License Fee payable under this SFM Agreement or Term of SFMA hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the SFM Project, or the any revenues/ returns therefrom.
Appears in 1 contract
