Common use of Acceptance of Site Condition Clause in Contracts

Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the Lands (including the buildings, structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Lands, the Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the Lands, the Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure or the Site Conditions was given to it by any person, whether or not Contracting Authority or a Province Person. (b) Section 18.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person who has given Project Co an express written entitlement to rely on that information, provided however, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co’s legal recourse shall be against the person who provided the express written entitlement to rely on the information and not Contracting Authority or any Province Person. (c) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary due diligence and investigations or inspections on the Lands, and examined the Lands and their surroundings and any existing works on, over or under the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; (ii) performed all necessary due diligence and investigation or inspection on the Existing Infrastructure and satisfied itself prior to executing this Project Agreement as to the structural, environmental and general condition of such Existing Infrastructure; (iii) in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Lands, the loadbearing and other relevant properties of the Lands, the risk of injury or damage to property affecting the Lands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works;

Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the Lands (including the buildings, structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Lands, the Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the Lands, the Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure or the Site Conditions was given to it by any person, whether or not Contracting Authority or a Province Person. (b) Section 18.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person who has given Project Co an express written entitlement to rely on that information, provided however, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co’s legal recourse shall be against the person who provided the express written entitlement to rely on the information and not Contracting Authority or any Province Person. (c) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary due diligence and investigations or inspections on the Lands, and examined the Lands and their surroundings and any existing works on, over or under the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; (ii) performed all necessary due diligence and investigation or inspection on the Existing Infrastructure and satisfied itself prior to executing this Project Agreement as to the structural, environmental and general condition of such Existing Infrastructure; (iii) in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Lands, the loadbearing and other relevant properties of the Lands, the risk of injury or damage to property affecting the Lands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iv) satisfied itself as to the presence of any Contamination on, in or under the Lands, or migrating to or from the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; (v) satisfied itself as to the adequacy of the Lands, rights of access to, from and through the Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (vi) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Lands; and (vii) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (d) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Works in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 7.46.4, 18.1(b16.1(b), 18.216.2, 18.3 16.3, 16.4, 16.5, 16.7, 16.8, 16.9 and 18.416.10, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) Trillium Line Assets and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the Lands (Conditions, including the buildings, structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Lands, the Existing Infrastructure Trillium Line Assets and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.46.4, 18.1(b16.1(b), 18.216.2, 18.3 16.3, 16.4, 16.5 16.7, 16.8 16.9 and 18.416.10, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority the City or any Province Person City Party on any grounds relating to the Lands, the Existing Infrastructure Trillium Line Assets or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure Trillium Line Assets or the Site Conditions was given to it by any person, whether or not Contracting Authority a City Entity or a Province PersonCity Party. (b) Section 18.1(a16.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person or other entity who has given Project Co an express written entitlement to rely on that information, provided provided, however, that, subject to Sections 7.46.4, 18.216.2, 18.3 16.3, 16.4, 16.5, 16.7, 16.8, 16.9 and 18.416.10, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority the City or any Province Person City Party on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.46.4, 18.216.2, 18.3 16.3, 16.4, 16.5, 16.7, 16.8, 16.9 and 18.416.10, Project Co’s legal recourse shall be against the person who or other entity that provided the express written entitlement to rely on the information and not Contracting Authority the City or any Province PersonCity Party. (c) Subject to Sections 7.46.4, 18.1(b16.1(b), 18.216.2, 18.3 16.3, 16.4, 16.5, 16.7, 16.8, 16.9 and 18.4, 16.10 Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary due diligence and investigations investigation or inspections inspection on the Lands, Lands and examined the Lands and their surroundings and the Existing Trillium Line Assets; (ii) performed all necessary due diligence and investigation or inspection on Existing Trillium Line Assets and satisfied itself prior to executing this Project Agreement as to the structural, environmental and general condition of such Existing Trillium Line Assets; (iii) satisfied itself as to the presence of any existing works Contamination on, over in or under the Lands, or migrating to or from the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing InfrastructureTrillium Line Assets, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; (iiiv) performed all necessary due diligence and investigation or inspection on the Existing Infrastructure and satisfied itself prior to executing this Project Agreement as to the structuraladequacy of the rights of access to, environmental from and general condition through the Lands and any accommodation it may require for the purposes of such Existing Infrastructurefulfilling its obligations under this Project Agreement; (iiiv) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Lands; (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and (vii) in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including the presence of any Existing Infrastructure, Trillium Line Assets and any other buildings, structures and works, on, on over and under the Lands existing on the date hereof, hereof satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Lands, the loadbearing and other relevant properties of the Lands, the risk of injury or damage to property affecting the Lands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works;. (d) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.