Contractor to Inform Itself Clause Samples

The "Contractor to Inform Itself" clause requires the contractor to thoroughly investigate and understand all aspects relevant to the work before entering into the contract. This typically means the contractor must review site conditions, project specifications, and any other pertinent information that could affect performance or costs. By placing this responsibility on the contractor, the clause helps prevent disputes over unforeseen issues and ensures that the contractor cannot later claim ignorance of factors that should have been discovered through due diligence.
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Contractor to Inform Itself. The Contractor warrants that it has, and it will be deemed to have, done everything that would be expected of a prudent, competent and experienced contractor in: assessing the risks which it is assuming under the Contract; and ensuring that the Contract Price contains sufficient allowances to protect it against any of these risks eventuating. Without limiting clause 7.7 the: Commonwealth has made available to the Contractor before the Award Date, or may make available to the Contractor on or after the Award Date, certain information, data and documents obtained by the Commonwealth for the purpose of the Works, including from investigations it carried out as to the conditions on, in, under or in the vicinity of the Site; Commonwealth does not warrant, guarantee or make any representation about the relevance, completeness, accuracy or adequacy of any such information, data and documents made available to the Contractor; Contractor acknowledges that such information, data and documents do not form part of the Contract and that clause 7.7 applies to the information, data and documents; and Contractor acknowledges and agrees that, to the extent permitted by law, it will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with such information, data and documents. Clauses 7.3 and 7.4 apply unless the Contract Particulars state that they do not apply. If the Contractor considers it has encountered or found a Latent Condition, it must immediately give the Contract Administrator and the Commonwealth notice in writing. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a): notify the Contractor and the Commonwealth of its determination whether a Latent Condition has been encountered or found; and instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Latent Condition.
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Contractor to Inform Itself. 6.1 The CONTRACTOR shall be deemed to have satisfied itself, before entering into the CONTRACT, as to the extent and nature of the WORK including but not limited to the services, personnel, materials and equipment, plant, consumables and facilities required for the WORK, the correctness and sufficiency of the rates and prices entered in Section III - Remuneration, general and local conditions, and all other matters which could affect progress or performance of the WORK and the CONTRACTOR shall not be entitled to any extension of time and/or any increase in the CONTRACT PRICE unless expressly set out in the CONTRACT. 6.2 Any failure by the CONTRACTOR to take account of matters which affect the WORK will not relieve the CONTRACTOR from its obligations under the CONTRACT.
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Contractor to Inform Itself. Contractor shall have informed itself and be deemed to have satisfied itself fully before entering into this MSA and prior to commencing any Work as to: (a) the extent and nature of the Work; (b) the correctness and sufficiency of the rates and prices set out in this MSA; (c) all Legislation, including with respect to Tax; (d) general and local conditions relating to the Work and the Worksite; (e) political and security conditions relating to the Work and the Worksite, including possible risks to Personnel, Equipment; and (f) all other matters, including risks and contingencies, which could affect the Work, including transportation, accommodation, communications, security and access to fuel, water, power, other utilities at the Worksite. Any failure by Contractor to take account of matters which could affect the Work shall not relieve Contractor from any of its liabilities or obligations under this MSA, nor shall such failure by Contractor be the basis for any changes to Schedule 2 (Company's Rates). Without prejudice to Contractor’s obligations under Clause 6.1, Contractor shall, within seven (7) days (or such other period as Company may reasonably require) of receipt of any Technical Information, review the same in accordance with internationally recognised good practices and standards applicable to work of the type to be carried out under this MSA and notify Company of any deficiencies, omissions, contradictions or ambiguities. Company shall resolve the same as soon as reasonably possible and Contractor shall thereafter be entitled to rely on such Technical Information (as corrected by Company, if applicable).
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Contractor to Inform Itself. FULLY 25.1 Contractor shall be deemed to have carefully examined the Technical Specifications, the Site location and the Plant including documentation, drawings and specifications for the Services and fully acquainted itself with Site conditions and all other conditions relevant to the Services, and its surroundings, including for the mobilization of resources to the Site and transportation of the materials required for the performance of the Services. Contractor shall be deemed to have assumed the risk of such conditions and will, regardless of such conditions, expenses, and difficulty of performing the Services, or negligence of the Owner, if any, fully complete the Services for the Contract Price without further recourse to the Owner. Information on the Site and local conditions at such Site furnished by the Owner in specifications, drawings or otherwise is not guaranteed by the Owner and is furnished only for the convenience of the Contractor.
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Contractor to Inform Itself. The Contractor will be deemed to have examined carefully and to have acquired actual knowledge of the contents of all of this Contract.
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Contractor to Inform Itself.  6.1 The CONTRACTOR shall be deemed to have satisfied itself, before entering into the CONTRACT, based on the information provided to it by the COMPANY (upon the accuracy and sufficiency of which the CONTRACTOR shall be entitled to rely provided the same is provided to the CONTRACTOR pursuant to the DATASITE from time to time), as to the extent and nature of the WORK including the services, personnel, materials and equipment, plant, consumables and facilities required for the WORK, the correctness and sufficiency of the rates and prices stated in Section I - Remuneration, general and local conditions including seabed and subsoil conditions (so far as practicable and having taken into account any information in connection therewith which may have been provided by the COMPANY), climatic, sea, other water and weather conditions, and all other matters which could affect progress or performance of the WORK. All information to be provided to the CONTRACTOR by the COMPANY for the purposes of this CONTRACT shall be shared via the DATASITE. 
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Related to Contractor to Inform Itself

  • Right to Information The City of ▇▇▇▇▇▇ reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right.

  • Access to Information Such Purchaser acknowledges that it has had the opportunity to review the Transaction Documents (including all exhibits and schedules thereto) and the SEC Reports and has been afforded, (i) the opportunity to ask such questions as it has deemed necessary of, and to receive answers from, representatives of the Company concerning the terms and conditions of the offering of the Securities and the merits and risks of investing in the Securities; (ii) access to information about the Company and its financial condition, results of operations, business, properties, management and prospects sufficient to enable it to evaluate its investment; and (iii) the opportunity to obtain such additional information that the Company possesses or can acquire without unreasonable effort or expense that is necessary to make an informed investment decision with respect to the investment. Such Purchaser acknowledges and agrees that neither the Placement Agent nor any Affiliate of the Placement Agent has provided such Purchaser with any information or advice with respect to the Securities nor is such information or advice necessary or desired. Neither the Placement Agent nor any Affiliate has made or makes any representation as to the Company or the quality of the Securities and the Placement Agent and any Affiliate may have acquired non-public information with respect to the Company which such Purchaser agrees need not be provided to it. In connection with the issuance of the Securities to such Purchaser, neither the Placement Agent nor any of its Affiliates has acted as a financial advisor or fiduciary to such Purchaser.

  • Contractor Information The Contractor will provide up to date information for each of the following in the form and manner specified by OGS:

  • Access to Information; Independent Investigation Prior to the execution of this Agreement, the Subscriber has had the opportunity to ask questions of and receive answers from representatives of the Company concerning an investment in the Company, as well as the finances, operations, business and prospects of the Company, and the opportunity to obtain additional information to verify the accuracy of all information so obtained. In determining whether to make this investment, Subscriber has relied solely on Subscriber’s own knowledge and understanding of the Company and its business based upon Subscriber’s own due diligence investigation and the information furnished pursuant to this paragraph. Subscriber understands that no person has been authorized to give any information or to make any representations which were not furnished pursuant to this Section 2 and Subscriber has not relied on any other representations or information in making its investment decision, whether written or oral, relating to the Company, its operations and/or its prospects.

  • Identification and Protection of Confidential Information Article 1, section 24, of the Florida Constitution, guarantees every person access to public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, records submitted to the Department (or any other State agency) are public records and are subject to disclosure unless exempt from disclosure by law. If the Contractor considers any portion of a record it provides to the Department (or any other State agency) to be trade secret or otherwise confidential or exempt from disclosure under Florida or federal law (“Confidential Information”), the Contractor shall mark as “confidential” each page of a document or specific portion of a document containing Confidential Information and simultaneously provide the Department (or other State agency) with a separate, redacted copy of the record. The Contractor shall state the basis of the exemption that the Contractor contends is applicable to each portion of the record redacted, including the specific statutory citation for such exemption. The Contractor shall only redact portions of records that it claims contains Confidential Information. If the Contractor fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department (or other State agency) shall have no liability for release of such record. The foregoing will apply to every instance in which the Contractor fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Contractor may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department (or any other State agency). In the event of a public records request, to which records the Contractor marked as “confidential” are responsive to the request, the Department shall provide the Contractor- redacted copy to the requestor. If the Contractor has marked a record as “confidential” but failed to provide a Contractor-redacted copy to the Department, the Customer may notify the Contractor of the request and the Contractor may have up to ten (10) Business Days from the date of the notice to provide a Contractor-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If the Department provides a Contractor- redacted copy of the documents and the requestor asserts a right to the Contractor-redacted Confidential Information, the Department shall promptly notify the Contractor such an assertion has been made. The notice will provide that if the Contractor seeks to protect the Contractor-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Contractor shall provide written notice to the Department of any cause of action filed. If the Contractor fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability. If the Department is requested or compelled in any legal proceeding to disclose documents that are marked as “confidential” (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department shall give the Contractor prompt written notice of the demand or request prior to disclosing any Confidential Information to allow the Contractor to seek a protective order or other appropriate relief at the Contractor’s sole discretion and expense. If the Contractor fails to take appropriate and timely action to protect the Confidential Information contained within documents it has marked as “confidential” or fails to provide a redacted copy that may be disclosed, the Department may provide the unredacted records in response to the demand without liability. The Contractor shall protect, defend, and indemnify the Department for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Contractor’s determination that its records contain Confidential Information. In the event of a third-party claim brought against the Department for failure to release the Contractor’s redacted Confidential Information, the Contractor shall assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Contractor fails to continuously undertake the defense or settlement of such claim or if the Contractor and Department mutually agree that the Department is best suited to undertake the defense or settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Contractor shall be bound by any defense or settlement the Department may make as to such claim, and the Contractor agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Contractor’s Confidential Information. The Department will also be entitled to join the Contractor in any third-party claim for the purpose of enforcing any right of indemnity under this section. If at any point the Department is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Department may disclose such Confidential Information without liability hereunder.