OPERATOR’S ENQUIRIES Sample Clauses
OPERATOR’S ENQUIRIES. 2.1. The Harbour Operator shall at the Execution Date be deemed to have:
2.1.1. satisfied itself as to the nature and extent of the risks and obligations assumed by it under this Agreement;
2.1.2. gathered all information necessary to secure the performance of its obligations under this Agreement;
2.1.3. inspected and examined the Harbour Facilities and to have satisfied itself as to the suitability of the Harbour Facilities for the provision of the Harbour Operations;
2.1.4. acquired a full and complete understanding of the PMSC and the OSMS, its meaning and effect, including all statutes, regulations and other documents referred to in the OSMS, and made all enquiries considered by the Harbour Operator to be appropriate and to have received replies satisfactory to the Harbour Operator in every respect;
2.1.5. in general to have obtained for itself all necessary information as to the risks, contingencies and all other circumstances influencing and affecting the entering into of this Agreement by the Harbour Operator.
2.2. Without prejudice to the foregoing generality the Harbour Operator acknowledges that:
2.2.1. it has not entered into this Agreement in reliance of the accuracy of any information or data provided by CMAL;
2.2.2. the use of, or reliance upon, any of the information supplied by CMAL is entirely at the Harbour Operator’s own risk; and
2.2.3. except where expressly provided in this Agreement the Harbour Operator shall have no entitlement as against CMAL under this Agreement or otherwise to any relief from its obligations or to claim any additional expenses in relation to the performance of its obligations or to any other payment or compensation from CMAL in respect of the Agreement on grounds that it has used or relied upon any information or data to which Clause 2.1 or Clauses 2.2.1 and 2.2.2 apply.
