Common use of Existing Site Conditions Clause in Contracts

Existing Site Conditions. Notwithstanding any provision of this Contract to the contrary, Design-Builder is not assuming or otherwise agreeing to be responsible for any obligation or liability that is attributable to or caused by any subsurface soil condition that exists as of the date of this Contract and is not discovered by examination by Design-Builder during the Design Phase. Owner shall be responsible for any loss or damage resulting from any such undiscovered condition.