Common use of Seller Duty to Inform Itself Clause in Contracts

Seller Duty to Inform Itself. Seller shall be deemed to have satisfied itself, through its own due diligence efforts and not based on any representation of Buyer or employees or agents thereof (except as set forth in this Section), as to the nature and location of the Work, the general, local, physical and other conditions of the Work, and all other matters which could in any way affect the Work or the cost thereof under this Agreement. Without limiting the foregoing, Seller shall be deemed to have inspected the Site and to have satisfied itself as to the state and condition (including but not limited to ground, geological, climatic and hydrological condition) of all circumstances affecting the Site (including but not limited to any reasonable safety regulations of Buyer or otherwise applicable to the Work and the project) and to have examined any documentation and information supplied or made available to Seller by Buyer or available for inspection in the public domain, the conditions and/or the Specification (with such drawings, exhibits, plans and information as may be annexed thereto or referred to therein) and to have satisfied itself as to the feasibility of executing the Work at the Site. Seller shall be responsible for its own interpretation of such documentation and information. The failure of Seller to adequately investigate and acquaint itself with any applicable conditions and other matters shall not relieve Seller from the responsibility for properly estimating the difficulties and costs of successfully performing the Work and completing this Agreement, and shall not be grounds for adjusting either the Purchase Price or the schedule agreed in this Agreement.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Seller Duty to Inform Itself. Seller shall be deemed to have satisfied itself, through its own due diligence efforts and not based on any representation of Buyer or employees or agents thereof (except as set forth in this Section), as to the nature and location of the Work, the general, local, physical and other conditions of the Work, and all other matters which could in any way affect the Work or the cost thereof under this Agreement. Without limiting the foregoing, Seller shall be deemed to have inspected the Site and to have satisfied itself as to the state and condition (including but not limited to ground, geological, climatic and hydrological condition) of all circumstances affecting the Site (including but not limited to any reasonable and all safety regulations of Buyer or otherwise applicable to the Work and the project) and to have examined any documentation and information supplied or made available to Seller by Buyer or available for inspection in the public domain, the conditions and/or the Specification (with such drawings, exhibits, plans and information as may be annexed thereto or referred to therein) and to have satisfied itself as to the feasibility of executing the Work at the Site. Seller shall be responsible for its own interpretation of such documentation and information. The failure of Seller to adequately investigate and acquaint itself with any applicable conditions and other matters shall not relieve Seller from the responsibility for properly estimating the difficulties and costs of successfully performing the Work and completing this Agreement, and shall not be grounds for adjusting either the Purchase Price or the schedule agreed in this Agreement.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Seller Duty to Inform Itself. Seller shall be deemed to have satisfied itself, through its own due diligence efforts and not based on any representation of Buyer or employees or agents thereof (except as set forth in this Section), as to the nature and location of the Work, the general, local, physical and other conditions of the Work, and all other matters which could in any way affect the Work or the cost thereof under this Agreement. Without limiting the foregoing, Seller shall be deemed to have inspected the Site and to have satisfied itself as to the state and condition (including but not limited to ground, geological, climatic and hydrological condition) of all circumstances affecting the Site (including but not limited to any reasonable and all safety regulations of Buyer or otherwise applicable to the Work and the project) and to have examined any documentation and information supplied or made available to Seller by Buyer or available for inspection in the public domain, the conditions and/or the Specification (with such drawings, exhibits, plans and information as may be annexed thereto or referred to therein) and to have satisfied itself as to the feasibility of executing the Work at the Site. Seller shall be responsible for its own interpretation of such documentation and information. The failure of Seller to adequately investigate and acquaint itself with any applicable conditions and other matters shall not relieve Seller from the responsibility for properly estimating the difficulties and costs of successfully performing the Work and completing this Agreement, and shall not be grounds for adjusting either the Purchase Price or the schedule agreed in this Agreement.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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