Common use of Project Site Conditions Clause in Contracts

Project Site Conditions. ‌ 3.3.1 The physical and the ambient conditions including climatic, hydrological, hydro geological, ecological, environmental, geotechnical, geological, paleontological and archaeological conditions of the Project Site (the “Project Site Conditions”) shall be the sole responsibility of the Concessionaire. Accordingly, without limiting any other obligations of the Concessionaire that are included in the Project Deliverables, the Concessionaire shall be deemed as at the Signature Date to have: (i) carried out an investigation of all Project Site Conditions and of any extraneous material in or under the Project Site including its surface, sub-soil and groundwater to enable the Facilities to be designed and constructed and the Works to be carried out with due regard for the Project Site Conditions and the seismic activity (if any) in the region of the Project Site; (ii) for the purpose of such investigation in Section 3.4.1(i), inspect and examine the Project Site and surroundings; (iii) satisfied itself as to the nature of the Project Site Conditions, the surface, sub-soil and ground water of the Project Site, the form and nature of the Project Site, the load-bearing and other relevant properties of the Project Site, the risk of damage to property affecting the Project Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and material necessary for the execution of the Works; (iv) satisfied itself as to the adequacy of its right of passage over, access to and through the Project Site and any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Project Site; (v) satisfied itself as to the possibility of interference by persons with rights- of-way across, access to or use of the Project Site with particular regard to the owners and users of any land adjacent to the Project Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent or minimize nuisance or interference being caused to any third parties. 3.3.2 To avoid doubt, the Concessionaire accepts full responsibility for all matters in Section 3.4.1 and the Concessionaire shall:

Project Site Conditions. ‌ 3.3.1 The physical and the ambient conditions including climatic, hydrological, hydro geological, ecological, environmental, geotechnical, geological, paleontological and archaeological conditions of the Project Site (the “Project Site Conditions”) shall be the sole responsibility of the Concessionaire. Accordingly, without limiting any other obligations of the Concessionaire that are included in the Project Deliverables, the Concessionaire shall be deemed as at the Signature Date to have: (i) carried out an investigation of all Project Site Conditions and of any extraneous material in or under the Project Site including its surface, sub-sub- soil and groundwater to enable the Facilities to be designed and constructed and the Works to be carried out with due regard for the Project Site Conditions and the seismic activity (if any) in the region of the Project Site; (ii) for the purpose of such investigation in Section 3.4.1(i), inspect and examine the Project Site and surroundings; (iii) satisfied itself as to the nature of the Project Site Conditions, the surface, sub-soil and ground water of the Project Site, the form and nature of the Project Site, the load-bearing and other relevant properties of the Project Site, the risk of damage to property affecting the Project Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and material necessary for the execution of the Works; (iv) satisfied itself as to the adequacy of its right of passage over, access to and through the Project Site and any accommodation it may require for the purposes of fulfilling any of its obligations included in the Project Deliverables, such as any additional land or buildings located outside the Project Site; (v) satisfied itself as to the possibility of interference by persons with rights- of-way across, access to or use of the Project Site with particular regard to the owners and users of any land adjacent to the Project Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent or minimize nuisance or interference being caused to any third parties. 3.3.2 To avoid doubt, the Concessionaire accepts full responsibility for all matters in Section 3.4.1 and the Concessionaire shall: (i) not be entitled to make any claim against FBR whether in contract, tort or otherwise on any ground relating to the matters in Section 3.4.1, and (ii) be responsible for and it shall indemnify FBR against all direct losses sustained by FBR in consequence of cleaning-up and otherwise dealing with any potentially hazardous materials (being any natural or artificial substance, whether in solid, gaseous or liquid form capable of causing harm to any human or any other living organism supported by the environment including air, water, land, surface land and sub-surface