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Common use of Subsurface Conditions Clause in Contracts

Subsurface Conditions. Where investigations of subsurface conditions have been made by or on behalf of District with respect to subsurface conditions, utilities, foundations, or other structural designs, and that information is shown on the Contract Drawings or Plans, it represents only a statement by District as to the character of the materials which have been encountered by District’s investigation. This information is only included for the convenience of prospective Contractors, the Contractor and Subcontractors. Investigations of subsurface conditions are made for the purpose of design only. District assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of the interpretation thereof. There is no guaranty, express or implied, that the conditions indicated are representative of those existing throughout the Project or the Work, or any part of the Project or the Work, or that unanticipated conditions may not occur. When a log of test borings, soils studies and/or any other report of subsurface conditions is included with the Contract Drawings or Plans, it is expressly understood that such log, soils studies and/or report of subsurface conditions are not a part of the contract, represents only a consultant's opinion as to the character of the materials to be encountered but Contractor may reasonably rely on the information in such report. The District makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditions. Nothing herein contained shall be deemed a waiver by Contractor to pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by Contractor.

Appears in 6 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

Subsurface Conditions. Where investigations of subsurface conditions have been made by or on behalf of District with respect to subsurface conditions, utilities, foundations, or other structural designs, and that information is shown on the Contract Drawings or Plans, it represents only a statement by District as to the character of the materials which have been encountered by District’s investigation. This information is only included for the convenience of prospective Contractors, the Contractor and Subcontractorssubcontractors. Investigations of subsurface conditions are made for the purpose of design only. District assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of the interpretation thereof. There is no guaranty, express or implied, that the conditions indicated are representative of those existing throughout the Project or the Work, or any part of the Project or the Work, or that unanticipated conditions may not occur. When a log of test borings, soils studies and/or any other report of subsurface conditions is included with the Contract Drawings or Plans, it is expressly understood that such log, soils studies and/or report of subsurface conditions are does not constitute a part of the contractContract Documents, represents only a consultant's opinion as to the character of the materials to be encountered but Contractor may reasonably rely on the information in such report. The District makes no warranty regarding the completeness or accuracy of any such report or other information regarding subsurface conditionsencountered. Nothing herein contained shall be deemed a waiver by Contractor to pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by Contractor.

Appears in 1 contract

Samples: Facilities Lease