Common use of Acceptance of the Site Clause in Contracts

Acceptance of the Site. 12.1.1 For the purposes of this Development Agreement, the Developer shall be deemed to have: a) inspected the Site in its entirety and its surroundings, access, easement of any third party etc.; b) satisfied itself as to the nature of the climatic, hydrological and general physical conditions of the Site, the nature of the ground and subsoil, the form and nature of the Assets permitted to be developed at the Site, and the nature of the design, work and materials necessary for the performance of its obligations under the Development Agreement; c) satisfied itself as to the means of communication with, access to and accommodation at the Site, it may require or as may be otherwise necessary for the performance of its obligations under the Development Agreement; d) satisfied itself as to the usefulness, usability etc. of the Site; e) Executed the Development Agreement, the right of access to the Site and accepted the Site in terms of the Development Agreement and/or Development Agreement on and "as is where is basis"; f) unconditionally waived its claim against BSHB in respect of the Site including in respect of failure to obtain the Applicable Permits; and, g) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect its rights and obligations hereunder and its other rights and obligations under or pursuant to the Development Agreement. 12.1.2 The Developer expressly acknowledges that it shall have no recourse against BSHB in the event of any mistake made or misapprehension harboured by the Developer in relation to any of the foregoing provisions of this Clause 12.1 and BSHB hereby expressly disclaims any liability in respect thereof. 12.1.3 The Developer acknowledges that prior to the execution of the Development Agreement, it has, after a complete and careful examination, made an independent evaluation of the Site as a whole and has determined the nature and extent of the difficulties, 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 the Development Agreement. The Developer further acknowledges that it shall have no recourse against BSHB if it is, at a later date, found that the Site is deficient in any manner whatsoever (hereinafter referred to as the "Deficiency"). If a Deficiency is found, the Developer acknowledges and agrees that it shall, at its own cost, take all appropriate measures to remedy the same in order to undertake the Project. 12.1.4 The Developer acknowledges and hereby accepts the difficulties, inputs, costs, time, resources, risks and hazards associated with the performance of its obligations hereunder and hereby agrees that BSHB shall not be liable for the same in any manner whatsoever to the Developer, other than as expressly otherwise provided in the Development Agreement.