Common use of Examination and reliance on documents by the Agent Clause in Contracts

Examination and reliance on documents by the Agent. (a) The Agent shall ensure that an officer or employee or other person designated by it as its authorised representative is present at the Builder on the Delivery Date for the purpose of examining originals (or Certified Copies) of the ECA Required Documents duly signed by the parties thereto and collecting copies thereof (which copies shall be certified as true copies by a Borrower Authorised Signatory and/or a Builder Authorised Signatory, as applicable). (b) The Agent shall be entitled (but not obliged) to rely and act upon any documentation or information provided under this Clause 4 (Conditions of Utilisation), which appears on its face to have been duly completed. (c) The Agent's responsibility to the Borrower and the Lenders for the examination of any Utilisation Request, and, when applicable, the documents provided by any person other than the Borrower in connection with each Utilisation Request, shall be limited to the examination of their apparent compliance with the terms and conditions thereof in accordance with Articles 14 (Standard of examination of documents) and 34 (Disclaimer on effectiveness of documents) of the "Uniform Customs and Practice for Documentary Credits" (currently publication number 600 of the International Chamber of Commerce, latest edition) (except that no time limit for examination of documents shall apply). (d) The Agent and the Lenders shall not be obliged to enquire as to, or be responsible for, the validity, truthfulness and genuineness and (where the relevant document is a conformed copy) conformity to the original of any Utilisation Request or any other document which appears on its face to be in order, or of any signatures thereon or any of the statements set out therein and shall be entitled to rely on the accuracy of any such statements. (e) In case of any discrepancy in any such documents, the Agent shall notify the Borrower in writing thereof and shall request its approval of such discrepancy in writing. The Agent and the Lenders shall not be responsible for any delay in making available any Loans resulting from any requirement for the delivery of further information or documents reasonably required by the Agent for the relevant conditions precedent in this Agreement to be satisfied.