Errors and Misdescriptions. 16 1.5.1 Developer acknowledges that prior to the Effective Date Developer had 17 the opportunity to identify any Errors and potentially unsafe provisions in the Technical 18 Provisions and other Contract Documents, and the opportunity and duty to notify ADOT 19 of such fact and of the changes to the provisions that Developer believed were the 20 minimum necessary to render the provisions correct and safe. Developer shall not take 21 advantage of or benefit from any Error in the Contract Documents that Developer knew 22 of or, through the exercise of reasonable care, had reason to know of prior to the
Errors and Misdescriptions. 22.1 The Buyer will be entitled to compensation on Completion (and the Price will be reduced accordingly) in full and final settlement if the Buyer suffers a loss as a result of an error of any kind or misdescription, and the Buyer makes a claim for compensation before Completion.
22.2 This clause 22 applies even if the Buyer did not take notice of or rely on anything in this Contract containing or giving rise to the error or misdescription.
22.3 The Buyer is not entitled to compensation to the extent the Buyer knew the true position before the Date of this Contract.
Errors and Misdescriptions. (1) The Seller believes the Land to be, and the Purchaser accepts the Land as, correctly described in this Agreement.
(2) No error, omission or misdescription in:
(a) Item 6;
(b) the boundaries or area of the Land, will invalidate this Agreement or entitle the Purchaser to claim compensation.
Errors and Misdescriptions. 7.1 No error or misdescription of the property shall annul the sale but compensation shall be made or given as the case requires if demanded in writing not later than 10 working days after the Buyer is given possession of the property but not otherwise.
7.2 If the parties cannot agree upon the amount of compensation, the amount shall be determined by an arbitrator appointed in the manner specified in clause 5.2(d).
7.3 The Buyer must not delay completion or withhold any part of the purchase price pending the resolution of any compensation claim under clause 7.1.
Errors and Misdescriptions. (a) Subject to clause 4.4(b), the ESCO shall not be liable for any inaccuracies, errors or misdescriptions in its projections or other information contained in the DFS to the extent arising wholly or principally as a direct result of inaccuracies, errors or misdescriptions from the Customer’s Materials. Each Party shall be obliged to inform the other in the event that it is or becomes aware of any such inaccuracies in the Customer's Materials.
Errors and Misdescriptions. 11.1 No error of any kind or misdescription of the Land will void this Contract but the Buyer will be entitled to compensation on Completion (and the Price will be reduced accordingly) for the error or misdescription if the Buyer makes a written claim for compensation no later than 7 days before the Date for Completion.
11.2 Notwithstanding clause 11.1, the Buyer may not make any objection, requisition or claim or delay Completion of or rescind or terminate this Contract because of:
(a) a change in the description of the Land; or
(b) any minor variations between the size or location of the Land as shown on the Plan and the Land as shown on the Plan as registered if the variation does not exceed 5% of the area of the Land; or
(c) any change between to the Plan or the Block Plans which does not materially adversely affect the value of the Land.
11.3 If the Buyer makes a claim for compensation, the Seller may, within 14 days of receiving the claim, rescind this Contract, and clause 15 will apply.
Errors and Misdescriptions. (a) Subject to Clause 4.4(b), the Contractor shall not be liable for any inaccuracies, errors or misdescriptions in its projections or other information contained in the DFS to the extent arising wholly or principally as a direct result of inaccuracies, errors or misdescriptions from the Customer’s Materials. Each Party shall be obliged to inform the other in the event that it is or becomes aware of any such inaccuracies in the Customer's Materials.
(b) Clause 4.4(a) does not apply to inaccuracies, errors or misdescriptions which the Contractor:
(i) was aware of at the time of producing the DFS and has made allowance for, or which, exercising Good Industry Practice the Contractor should have been aware of and made due allowance for; or
(ii) has not taken reasonable steps, in accordance with Good Industry Practice, to investigate or verify.
Errors and Misdescriptions. The legal description of the Properties in Attachment 4.1 is believed to be correct. If it is established that any error, misdescription or other inconsistency has occurred or exists, the Crown’s obligation shall be limited to correcting the error, misdescription or other inconsistency.
Errors and Misdescriptions. No error or misdescription of the Land, the Development or the Property annuls the sale and the Purchaser's remedies if not otherwise limited by this Agreement are limited to compensation if demanded in writing before the Settlement Date but not otherwise.
Errors and Misdescriptions. 18 1.5.1 Developer acknowledges that prior to the Effective Date Developer had 19 the opportunity to identify any Errors and potentially unsafe provisions in the Technical 20 Provisions and other Contract Documents, and the opportunity and duty to notify ADOT 21 of such fact and of the changes to the provisions that Developer believed were the 22 minimum necessary to render the provisions correct and safe. Developer shall not take 23 advantage of or benefit from any Error in the Contract Documents that Developer knew 24 of or, through the exercise of reasonable care, had reason to know of prior to the 25 Effective Date.
26 1.5.2 If it is reasonable or necessary to adopt changes to the Technical 27 Provisions after the Effective Date to make the provisions correct and safe, such 28 changes shall not be grounds for any adjustment to the Price, Completion Deadlines or 29 other Claim; provided, however, that adoption of such a change shall be treated as an 30 ADOT-Directed Change if: (a) Developer neither knew nor had reason to know prior to 31 the Effective Date that the provision was erroneous or created a potentially unsafe 32 condition; or (b) Developer knew of and reported to ADOT the erroneous or potentially 33 unsafe provision prior to the Effective Date, and ADOT did not adopt reasonable and 34 necessary changes. If Developer commences or continues any Work affected by such 35 a change after the need for the change was discovered or suspected, or should have 1 been discovered or suspected through the exercise of reasonable care, Developer shall 2 bear any additional costs associated with redoing the Work already performed.
3 1.5.3 If Developer identifies any Errors in the Contract Documents (including 4 those Reference Information Documents described in Section 1.2.6), Developer shall 5 promptly notify ADOT of such Errors and obtain specific instructions from ADOT 6 regarding any such Error before proceeding with the affected Work.
7 1.5.4 If Developer determines that the Contract Documents do not detail or 17 Agreement, except as specifically allowed under Section 14. 18 1.5.5 Errors in the Schematic Design that require a Necessary Schematic 19 ROW Change are governed by Sections 6.4.3 and 14.4.1.
