Common use of Examination and Evaluation Clause in Contracts

Examination and Evaluation. Supplier hereby represents and warrants to ISR that: 5.5.1. Supplier has examined all Tender Documents pertaining to the Tender, including the Agreement, and in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the R350HT Rails shall be designed, manufactured, heat treated, checked, supplied and delivered to ISR, the execution of the Works required for the provision of the R350HT Rails as well for the fulfillment of any and all obligations under this Agreement; 5.5.2. Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, the technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and certifies that such performance is feasible and practicable under the terms and conditions stated herein; 5.5.3. Supplier has examined and is fully acquainted and satisfied with all of the information provided to it by ISR; 5.5.4. Supplier shall not be entitled to any payment or compensation of any kind whatsoever other than as explicitly set forth herein, and shall not make and be prevented from making any claim for additional payment and/or extension of time from ISR, including claims of misunderstanding or misapprehension in respect of any matter which a reasonable experienced professional supplier of R350HT Rails knew or should have known or allegation or fact that incorrect information was furnished to the Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect and/or failure on its part to obtain correct information with regard to the Works.

Examination and Evaluation. Supplier hereby represents and warrants to ISR that: 5.5.1. Supplier has examined all Tender Documents pertaining to the Tender, including the Agreement, and in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the R350HT Rails Wooden Sleepers shall be designed, manufactured, heat treatedtreated for preservation, checked, checked supplied and delivered to ISR, the execution of the Works required for the provision of the R350HT Rails Wooden Sleepers as well for the fulfillment of any and all obligations under this Agreement; 5.5.2. Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, the technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and certifies that such performance is feasible and practicable under the terms and conditions stated herein; 5.5.3. Supplier has examined and is fully acquainted and satisfied with all of the information provided to it by ISR; 5.5.4. Supplier shall not be entitled to any payment or compensation of any kind whatsoever other than as explicitly set forth herein, and shall not make and be prevented from making any claim for additional payment and/or extension of time from ISR, including claims of misunderstanding or misapprehension in respect of any matter which a reasonable experienced professional supplier of R350HT Rails Wooden Sleepers knew or should have known or allegation or fact that incorrect information was furnished to the Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect and/or failure on its part to obtain correct information with regard to the Works.

Examination and Evaluation. Supplier hereby represents and warrants to ISR that: 5.5.1. Supplier has examined all Tender Documents pertaining to the Tender, including the Agreement, and in particular the Technical Specifications, as well as all other documents comprising this Agreement, and is satisfied with regard to the data, specifications, terms and conditions under which the R350HT Rails Brushes shall be designed, manufactured, heat treated, checked, supplied and delivered to ISR, the execution of the Works required for the provision of the R350HT Rails Brushes as well for the fulfillment of any and all obligations under this Agreement; 5.5.2. Supplier has evaluated (independent of, and without relying on, any information or data provided by ISR) any and all other factors that may be deemed to affect the carrying out of its obligations under this Agreement, including but without limitation, the technical risks and environmental influences, and any other risk involved therewith, and such other conditions that may be expected to affect the progress or completion of the Works in accordance with this Agreement, and has reasonable grounds to believe and certifies that such performance is feasible and practicable under the terms and conditions stated herein; 5.5.3. Supplier has examined and is fully acquainted and satisfied with all of the information provided to it by ISR; 5.5.4. Supplier shall not be entitled to any payment or compensation of any kind whatsoever other than as explicitly set forth herein, and shall not make and be prevented from making any claim for additional payment and/or extension of time from ISR, including claims of misunderstanding or misapprehension in respect of any matter which a reasonable experienced professional supplier of R350HT Rails the Brushes knew or should have known or allegation or fact that incorrect information was furnished to the Supplier by any person (subcontractors included), firm or any legal entity which it knew or should have known to be incorrect and/or failure on its part to obtain correct information with regard to the Works.