Common use of No Concessionaire’s Warranties for Site Information Clause in Contracts

No Concessionaire’s Warranties for Site Information. Concessionaire makes no warranties or representations as to any surveys, data, reports or other information provided by Concessionaire, the Department or other Persons to Contractor, including the data and other information set forth in Exhibit T (Known Geotechnical Conditions) and Exhibit K (Known Pre-Existing Hazardous Substances), concerning surface or subsurface conditions, the existing condition of the roadway and other “Assets” (as defined in the Comprehensive Agreement), drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural references and endangered and threatened species, affecting the TTMS Work Site or surrounding locations. Without prejudice to Contractor’s right to claim a Scope Change Order under Sections 12.5 and 12.6, Contractor acknowledges that such information is for Contractor’s reference only and has not been verified by Concessionaire or the Department.

Appears in 3 contracts

Samples: Turnkey Lump Sum Design Build Contract, Turnkey Lump Sum Design Build Contract, Turnkey Lump Sum Design Build Contract

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No Concessionaire’s Warranties for Site Information. Concessionaire makes no warranties or representations as to any surveys, data, reports or other information provided by Concessionaire, the Department or other Persons to Contractor, including the data and other information set forth in Exhibit T (Known Geotechnical Conditions) and Exhibit K (Known Pre-Existing Hazardous Substances), concerning surface or subsurface conditions, the existing condition of the roadway and other “Assets” (as defined in the Comprehensive Agreement), drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural references and endangered and threatened species, affecting the TTMS Work Site Project Right of Way or surrounding locations. Without prejudice to Contractor’s right to claim a Scope Change Order under Sections 12.5 12.5, 12.6 and 12.612.7, Contractor acknowledges that such information is for Contractor’s reference only and has not been verified by Concessionaire or the Department, and that Contractor is responsible for conducting all surveys, studies and assessments as it deems appropriate for the DB Work.

Appears in 2 contracts

Samples: Design Build Contract, Design Build Contract

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