Common use of ACCEPTANCE OF SITE Clause in Contracts

ACCEPTANCE OF SITE. 7.1.1. (i) For the purposes of this Agreement, the SPC shall be deemed to have: (a) inspected the Dry Port, and the Dry Port Site including the Supporting Infrastructure thereat and its surroundings; (b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Dry Port, the nature of the ground and subsoil , the form and nature of the Dry Port, and the nature of the design, work and materials necessary for the performance of its obligations under this Agreement; (c) satisfied itself as to the means of communication with, access to the Dry Port it may require or as may be otherwise necessary for the performance of its obligations under this Agreement; and (d) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect the SPC and its rights and obligations hereunder and its other rights and obligations under or pursuant to this Agreement. (ii) SPC expressly acknowledges that it shall have no recourse against the AUTHORITY in the event of any mistake made or misapprehension harbored by the SPC in relation to any of the foregoing provisions of Article 7.1.1 (i) and the AUTHORITY hereby expressly disclaims any liability in respect thereof. 7.1.2. SPC acknowledges that prior to the execution of this Agreement, it has, after a complete and careful examination, made an independent evaluation of the Dry Port as a whole and has determined the nature and extent of the difficulties, up-gradations, inputs, costs, time, resources, risks and hazards that are likely to arise or may be faced by it in the course of the performance of its obligations under this Agreement and the extent and manner of development required. SPC further acknowledges that it shall have no recourse against the AUTHORITY if it is, at a later date, found that the Demised Premises or any Supporting Infrastructure thereon, is/are deficient in any manner whatsoever. If a deficiency is found, the SPC hereby acknowledges and agrees that it shall, at its own cost and at no cost to the AUTHORITY, take all appropriate measures to remedy the same. 7.1.3. SPC acknowledges and hereby accepts the difficulties, up-gradations, inputs, costs, time, resources, risks and hazards associated with the performance of its obligations hereunder and hereby agrees that AUTHORITY shall not be liable for the same in any manner whatsoever to SPC, other than as expressly provided in this Agreement. 7.1.4. The SPC shall not be entitled to make any claim against the AUTHORITY or any Government Authority whether for rescission, in damages or otherwise on the grounds of any misunderstanding or misapprehension in respect of incorrect or insufficient information given to it by any Entity, whether or not in the employment of the AUTHORITY or any Government Authority, nor, unless expressly provided otherwise in this Agreement, shall the SPC be relieved from any obligations or risks imposed on or undertaken by it in relation to the works or otherwise on any such ground or on the ground that it did not or could not foresee any matter which may, in fact, affect or have affected the performance of its obligations hereunder. 7.1.5. It is clarified that all fossils, antiquities, structures and/or other remains or things either of archaeological or of particular geological interest discovered at the Dry Port Site or in the course of carrying out any work shall not be the property of the SPC and SPC shall have no right or interest in such fossils, antiquities and structures.

ACCEPTANCE OF SITE. 7.1.1. (i) For the purposes of this Agreement, the SPC JVC shall be deemed to have:have:- (a) inspected the Dry PortAirport, and the Dry Port Airport Site including the Supporting Infrastructure terminals and all buildings thereat and its surroundings; (b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Dry PortAirport, the nature of the ground and subsoil , the form and nature of the Dry PortAirport, and the nature of the design, work and materials necessary for the performance of its obligations under this Agreement;. (c) satisfied itself as to the means of communication with, access to and accommodation on the Dry Port Airport it may require or as may be otherwise necessary for the performance of its obligations under this Agreement; and; (d) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect the SPC JVC and its rights and obligations hereunder and its other rights and obligations under or pursuant to this Agreement. (ii) SPC JVC expressly acknowledges that it shall have no recourse against the AUTHORITY AAI in the event of any mistake made or misapprehension harbored harboured by the SPC JVC in relation to any of the foregoing provisions of Article 7.1.1 (i) and the AUTHORITY AAI hereby expressly disclaims any liability in respect thereof. 7.1.2. SPC 7.1.2 JVC acknowledges that prior to the execution of this Agreement, it has, after a complete and careful examination, made an independent evaluation of the Dry Port Airport as a whole and each of its facilities, buildings, assets, machinery, equipment, personnel and know-how and has determined the nature and extent of the difficulties, up-gradationsupgradations, inputs, costs, time, resources, risks and hazards that are likely to arise or may be faced by it in the course of the performance of its obligations under this Agreement and the extent and manner of development modernisation required. SPC JVC further acknowledges that it shall have no recourse against the AUTHORITY AAI if it is, at a later date, found that the Demised Premises or any Supporting Infrastructure building or structure thereon, is/are deficient in any manner whatsoeverwhatsoever (“Deficiency”). If a deficiency Deficiency is found, the SPC JVC hereby acknowledges and agrees that it shall, at its own cost and at no cost to the AUTHORITYAAI, take all appropriate measures to remedy the same. 7.1.3. SPC 7.1.3 JVC acknowledges and hereby accepts the difficulties, up-gradationsupgradations, inputs, costs, time, resources, risks and hazards associated with the performance of its obligations hereunder and hereby agrees that AUTHORITY AAI shall not be liable for the same in any manner whatsoever to SPCJVC, other than as expressly provided in this Agreement. 7.1.4. 7.1.4 The SPC JVC shall not be entitled to make any claim against the AUTHORITY AAI or any Government Authority whether for rescission, in damages or otherwise on the grounds of any misunderstanding or misapprehension in respect of incorrect or insufficient information given to it by any Entity, whether or not in the employment of the AUTHORITY AAI or any Government Authority, nor, unless expressly provided otherwise in this Agreement, shall the SPC JVC be relieved from any obligations or risks imposed on or undertaken by it in relation to the works or otherwise on any such ground or on the ground that it did not or could not foresee any matter which may, in fact, affect or have affected the performance of its obligations hereunder. 7.1.5. 7.1.5 It is clarified that all fossils, antiquities, structures and/or other remains or things either of archaeological or of particular geological interest discovered at the Dry Port Airport Site or in the course of carrying out any work shall not be the property of the SPC JVC and SPC JVC shall have no right or interest in such fossils, antiquities and structures.

ACCEPTANCE OF SITE. 7.1.1. (i) For the purposes of this Agreement, the SPC JVC shall be deemed to have:have:- (a) inspected the Dry PortAirport, and the Dry Port Airport Site including the Supporting Infrastructure terminals and all buildings thereat and its surroundings; (b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Dry PortAirport, the nature of the ground and subsoil , the form and nature of the Dry PortAirport, and the nature of the design, work and materials necessary for the performance of its obligations under this Agreement;. (c) satisfied itself as to the means of communication with, access to and accommodation on the Dry Port Airport it may require or as may be otherwise necessary for the performance of its obligations under this Agreement; and; (d) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect the SPC JVC and its rights and obligations hereunder and its other rights and obligations under or pursuant to this Agreement. (ii) SPC JVC expressly acknowledges that it shall have no recourse against the AUTHORITY AAI in the event of any mistake made or misapprehension harbored harboured by the SPC JVC in relation to any of the foregoing provisions of Article 7.1.1 (i) and the AUTHORITY AAI hereby expressly disclaims any liability in respect thereof. 7.1.2. SPC 7.1.2 JVC acknowledges that prior to the execution of this Agreement, it has, after a complete and careful examination, made an independent evaluation of the Dry Port Airport as a whole and each of its facilities, buildings, assets, machinery, equipment, personnel and know-how and has determined the nature and extent of the difficulties, up-gradationsupgradations, inputs, costs, time, resources, risks and hazards that are likely to arise or may be faced by it in the course of the performance of its obligations under this Agreement and the extent and manner of development modernisation required. SPC JVC further acknowledges that it shall have no recourse against the AUTHORITY AAI if it is, at a later date, found that the Demised Premises or any Supporting Infrastructure building or structure thereon, is/are deficient in any manner whatsoeverwhatsoever (the “Deficiency”). If a deficiency Deficiency is found, the SPC JVC hereby acknowledges and agrees that it shall, at its own cost and at no cost to the AUTHORITYAAI, take all appropriate measures to remedy the same. 7.1.3. SPC 7.1.3 JVC acknowledges and hereby accepts the difficulties, up-gradationsupgradations, inputs, costs, time, resources, risks and hazards associated with the performance of its obligations hereunder and hereby agrees that AUTHORITY AAI shall not be liable for the same in any manner whatsoever to SPCJVC, other than as expressly provided in this Agreement. 7.1.4. 7.1.4 The SPC JVC shall not be entitled to make any claim against the AUTHORITY AAI or any Government Authority whether for rescission, in damages or otherwise on the grounds of any misunderstanding or misapprehension in respect of incorrect or insufficient information given to it by any Entity, whether or not in the employment of the AUTHORITY AAI or any Government Authority, nor, unless expressly provided otherwise in this Agreement, shall the SPC JVC be relieved from any obligations or risks imposed on or undertaken by it in relation to the works or otherwise on any such ground or on the ground that it did not or could not foresee any matter which may, in fact, affect or have affected the performance of its obligations hereunder. 7.1.5. 7.1.5 It is clarified that all fossils, antiquities, structures and/or other remains or things either of archaeological or of particular geological interest discovered at the Dry Port Airport Site or in the course of carrying out any work shall not be the property of the SPC JVC and SPC JVC shall have no right or interest in such fossils, antiquities and structures.