Common use of Site Conditions Clause in Contracts

Site Conditions. ‌ 4.2.1 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations (even if Developer conducted a Reasonable Investigation), and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, IFA or any other Person. IFA makes no warranties or representations as to any surveys, data, reports or other information provided by IFA or other Persons concerning surface conditions and subsurface conditions, including information relating to Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological, cultural and historic resources, flooding conditions, seismic conditions, and Threatened or Endangered Species, affecting the Work, the Site or surrounding locations. Except for (i) the Utility Information for purposes of the Relief Event under clause (u) of the definition of Relief Event, (ii) the geotechnical information for purposes of the Relief Event under clause (p)(i) of the definition of Relief Event and (iii) the Geotechnical Data Report included among the Reference Information Documents for the purposes of the Relief Event under clause (p)(ii) of the definition of Relief Event, Developer acknowledges that such information is for Developer's reference only and has not been verified. 4.2.2 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of all conditions occurring on, under or at the Site, 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) variations in groundwater levels, (e) Utility facilities, (f) the presence or discovery of Hazardous Materials, including contaminated groundwater, (g) the discovery at, under or on the Project Right of Way of any archeological, paleontological, cultural or historical resources, and (h) the discovery at, near or on the Project Right of Way of any Threatened or Endangered Species.

Site Conditions. ‌ 4.2.1 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (wv) of the definition of Relief Event, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations (even if Developer conducted a Reasonable Investigation), and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, IFA or any other Person. IFA makes no warranties or representations as to any surveys, data, reports or other information provided by IFA or other Persons concerning surface conditions and subsurface conditions, including information relating to Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological, cultural and historic resources, flooding conditions, seismic conditions, and Threatened or Endangered Species, affecting the Work, the Site or surrounding locations. Except for (i) the Utility Information for purposes of the Relief Event under clause (u) of the definition of Relief Event, (ii) the geotechnical information Geotechnical Baseline Report for purposes of the Relief Event under clause (p)(i) of the definition of Relief Event and (iii) the Geotechnical Data Report geotechnical data report included among the Reference Information Documents for the purposes of the Relief Event under clause (p)(ii) of the definition of Relief Event, Developer acknowledges that such information is for Developer's reference only and has not been verified. 4.2.2 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (wv) of the definition of Relief Event, Developer shall bear the risk of all conditions occurring on, under or at the Site, 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) variations in groundwater levels, speeds and ranges; (e) Utility facilities, (f) the presence or discovery of Hazardous Materials, including contaminated groundwater, (g) the discovery at, under or on the Project Right of Way of any archeological, paleontological, cultural or historical resources, and (h) the discovery at, near or on the Project Right of Way of any Threatened or Endangered Species.

Site Conditions. ‌ 4.2.1 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations (even if Developer conducted a Reasonable Investigation), and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, IFA or any other Person. IFA makes no warranties or representations as to any surveys, data, reports or other information provided by IFA or other Persons concerning surface conditions and subsurface conditions, including information relating to Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological, cultural and historic resources, flooding conditions, seismic conditions, and Threatened or Endangered Species, affecting the Work, the Site or surrounding locations. Except for (i) the Utility Information for purposes of the Relief Event under clause (u) of the definition of Relief Event, (ii) the geotechnical information for purposes of the Relief Event under clause (p)(i) of the definition of Relief Event and (iii) the Geotechnical Data Report included among the Reference Information Documents for the purposes of the Relief Event under clause (p)(ii) of the definition of Relief Event, Developer acknowledges that such information is for Developer's reference only and has not been verified. 4.2.2 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of all conditions occurring on, under or at the Site, 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) variations in groundwater levels, ; (e) Utility facilities, (f) the presence or discovery of Hazardous Materials, including contaminated groundwater, (g) the discovery at, under or on the Project Right of Way of any archeological, paleontological, cultural or historical resources, and (h) the discovery at, near or on the Project Right of Way of any Threatened or Endangered Species.

Site Conditions. ‌ 4.2.1 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) and (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations (even if Developer conducted a Reasonable Investigation), and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, IFA or any other Person. IFA makes no warranties or representations as to any surveys, data, reports or other information provided by IFA or other Persons concerning surface conditions and subsurface conditions, including information relating to Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological, cultural and historic resources, flooding conditions, seismic conditions, and Threatened or Endangered Species, affecting the Work, the Site or surrounding locations. Except for (i) the Utility Information for purposes of the Relief Event under clause (u) of the definition of Relief Event, (ii) the geotechnical information Geotechnical Baseline Report for purposes of the Relief Event under clause (p)(i) of the definition of Relief Event and (iii) the Geotechnical Data Report geotechnical data report included among the Reference Information Documents for the purposes of the Relief Event under clause (p)(ii) of the definition of Relief Event, Developer acknowledges that such information is for Developer's reference only and has not been verified. 4.2.2 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) and (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of all conditions occurring on, under or at the Site, 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) variations in groundwater levels, speeds and ranges; (e) Utility facilities, (f) the presence or discovery of Hazardous Materials, including contaminated groundwater, (g) the discovery at, under or on the Project Right of Way of any archeological, paleontological, cultural or historical resources, and (h) the discovery at, near or on the Project Right of Way of any Threatened or Endangered Species.

Site Conditions. ‌ 4.2.1 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) and (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations (even if Developer conducted a Reasonable Investigation), and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, IFA or any other Person. IFA makes no warranties or representations as to any surveys, data, reports or other information provided by IFA or other Persons concerning surface conditions and subsurface conditions, including information relating to Utilities, Hazardous Materials, contaminated groundwater, archeological, paleontological, cultural and historic resources, flooding conditions, seismic conditions, and Threatened or Endangered Species, affecting the Work, the Site or surrounding locations. Except for (i) the Utility Information for purposes of the Relief Event under clause (u) of the definition of Relief Event, (ii) the geotechnical information Geotechnical Baseline Report for purposes of the Relief Event under clause (p)(i) of the definition of Relief Event and (iii) the “Geotechnical Data Report Report” included among the Reference Information Documents for the purposes of the Relief Event under clause (p)(ii) of the definition of Relief Event, Developer acknowledges that such information is for Developer's reference only and has not been verified. 4.2.2 Subject to the specific relief available to Developer under Article 15 for Relief Events under clauses (m), (n), (o), (p), (q) and (u), (v) and (w) of the definition of Relief Event, Developer shall bear the risk of all conditions occurring on, under or at the Site, 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) variations in groundwater levels, speeds and ranges; (e) Utility facilities, (f) the presence or discovery of Hazardous Materials, including contaminated groundwater, (g) the discovery at, under or on the Project Right of Way of any archeological, paleontological, cultural or historical resources, and (h) the discovery at, near or on the Project Right of Way of any Threatened or Endangered Species.Species.‌