Common use of Deemed Knowledge and Disclaimer Clause in Contracts

Deemed Knowledge and Disclaimer. 8.3.1 The Developer shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to, the implementation of the Project regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Developer shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from Authority in respect of the Project other than for those matters in respect of which express provision is made in the Agreement. 8.3.2 The Developer shall be deemed to have inspected the Project Land and be aware of the existing boundary wall(s), buildings, constructions, immovable assets, structures, installations, trees, shrubs, electric poles, etc., if any, on the Site, Redevelopment Land and the Station Development Land. 8.3.3 Further, save and except where any Provisional Sum Items have been specified in respect of the Project Land or any other works in respect of the Project, the Developer shall not make any claim in respect of any change or variation (including in respect of any encroachments, Encumbrances, existing structures, assets, utilities, etc.) on the Project Land after the Appointed Date.

Deemed Knowledge and Disclaimer. 8.3.1 (i) The Developer shall be fully and exclusively responsible for, and shall bear the financial, technical, commercial, legal and other risks in relation to, the implementation of the Project regardless of whatever risks, contingencies, circumstances and/or hazards may be encountered (foreseen or not foreseen) including underground utilities and notwithstanding any change(s) in any of such risks, contingencies, circumstances and/or hazards on exceptional grounds or otherwise and whether foreseen or not foreseen and the Developer shall not have any right whether express or implied to bring any claim against, or to recover any compensation or other amount from Authority IRSDC in respect of the Project other than for those matters in respect of which express provision is made in the Agreement. 8.3.2 (ii) The Developer shall be deemed to have inspected the Project Land and be aware of the existing boundary wall(s), buildings, constructions, immovable assets, structures, installations, trees, shrubs, electric poles, etc., if any, on the Site, Redevelopment Land and the Station Development Land. 8.3.3 . Further, save and except where any Provisional Sum Items have been specified in respect of the Project Land or any other works in respect of the Project, the Developer shall not make any claim in respect of any change or variation (including in respect of any encroachments, Encumbrances, existing structures, assets, utilities, etc.) on the Project Land after the Appointed Effective Date.