Common use of Preliminary Planning and Engineering Activities; Site Conditions Clause in Contracts

Preliminary Planning and Engineering Activities; Site Conditions. 6.1.1 Developer shall perform or cause to be performed all engineering activities appropriate for development of the Facility and the Utility Adjustments in accordance with the CDA Documents and Good Industry Practice, including (a) technical studies and analyses; (b) geotechnical investigations; (c) right-of-way mapping, surveying and appraisals; (d) Utility subsurface investigations and mapping; (e) Hazardous Materials investigations; and (f) design and construction surveys. 6.1.2 Except to the extent that Developer is entitled to relief under this Agreement for Relief Events, is entitled to compensation under clause (i) or (q) of the definition of Compensation Event or under Section 7.9.3, or is entitled to the Hazardous Material risk allocation terms of Exhibit 11, and except to the extent TxDOT is required to serve as the generator and arranger of Pre-existing Hazardous Materials under Section 7.9.5, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site or the Existing Improvements and surrounding locations, and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, TxDOT or any other Person. TxDOT makes no warranties or representations as to any surveys, data, reports or other information provided by TxDOT or other Persons concerning surface conditions and subsurface conditions, including the presence of Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological and cultural resources, and Threatened or Endangered Species, affecting the Site, the Existing Improvements or surrounding locations. Developer acknowledges that such information is for Developer's reference only and has not been verified. 6.1.3 Except to the extent that Developer is entitled to relief under this Agreement for Relief Events, is entitled to compensation under clause (i) or (q) of the definition of Compensation Event or under Section 7.9.3, or is entitled to the Hazardous Material risk allocation terms of Exhibit 11, and except to the extent TxDOT is required to serve as the generator and arranger of Pre-existing Hazardous Materials under Section 7.9.5, Developer shall bear the risk of all conditions occurring on, under or at the Site and the Existing Improvements, including (a) physical conditions of an unusual nature, differing materially from those ordinarily encountered in the area, (b) changes in surface topography, (c) variations in subsurface moisture content, (d) Utility facilities, (e) the presence or discovery of Hazardous Materials, including contaminated groundwater, (f) the discovery at, near or on the Facility Right of Way of any archeological, paleontological or cultural resources, and (g) the discovery at, near or on the Facility Right of Way of any Threatened or Endangered Species.