Responsibility for Submittals. CONTRACTOR agrees that it has full responsibility for the Work and that CONTRACTOR shall perform the Work regardless of the fact that certain Reference Information Documents may be provided to CONTRACTOR by the Joint Board. The foregoing is not intended to make CONTRACTOR responsible for the activities of TSP1 or TSP2. CONTRACTOR expressly understands and agrees that the Joint Board shall not be responsible or liable in any respect for any Losses whatsoever suffered by any CONTRACTOR-Related Entity by reason of any use of any information contained in the Reference Information Documents, or any action or forbearance in reliance thereon, except to the extent that the Joint Board has specifically agreed that CONTRACTOR shall be entitled to an increase in the Contract Price and/or extension of a deadline with respect to such matter. CONTRACTOR further acknowledges and agrees that (a) if and to the extent CONTRACTOR or anyone on CONTRACTOR’s behalf uses any of said information in any way, such use is made on the basis that CONTRACTOR, not the Joint Board, has approved and is responsible for said information, and (b) CONTRACTOR is capable of conducting and obligated hereunder to conduct any and all studies, analyses and investigations as it deems advisable to verify or supplement said information, and that any use of said information is entirely at CONTRACTOR’s own risk and at its own discretion. CONTRACTOR expressly acknowledges and agrees that the Joint Board's rights as specified under this Contract (i) to review, comment on, approve, disapprove, monitor, inspect, test and/or accept Deliverables, Change Orders, schedules, equipment, Software, installation, manuals, books, records, reports or statements or (ii) to communicate with the CONTRACTOR: (A) exist solely for the benefit and protection of the Joint Board, (B) do not create or impose upon the Joint Board any standard or duty of care toward CONTRACTOR, all of which are hereby disclaimed, (C) may not be relied upon, nor may the Joint Board's exercise or failure to exercise any such rights be relied upon, by CONTRACTOR in determining whether CONTRACTOR has satisfied the standards and requirements set forth in the Contract Documents, and (D) may not be asserted, nor may the Joint Board's exercise or failure to exercise any such rights be asserted, against the Joint Board by CONTRACTOR as a defense, legal or equitable, to CONTRACTOR’s obligation to fulfill such standards and requirements. To the maximum exte...
Responsibility for Submittals
