Common use of Investigation of the Site Clause in Contracts

Investigation of the Site. 4.4.1 MGE Construct acknowledges that it has reviewed the Ground Lease and has made reasonable efforts to investigate the physical conditions affecting the Site consistent with the access that the University has granted to MGE Construct and its agents. MGE Construct has not been granted access to and has made no investigation or inspection of any of the off-Site staging areas, including the Lay Down Areas, the Soil Disposal Area, or the Easement Areas, beyond drawings and other information previously provided by the University on which MGE Construct has relied. 4.4.2 MGE Construct shall ascertain the nature of the Site consistent with the access that the University has granted to MGE Construct and its agents and the general and local conditions that may affect the Site and the cost of making the Site fit for the construction of the Facility, provided however, that MGE Construct makes no representation or warranty as to (a) any environmental matters that may exist, including without limitation, any surface or subsurface contamination at the Site, except such surface or subsurface contamination found in soil boring testing and subsurface water testing previously conducted by or on behalf of MGE Construct; (b) the use or contents of any of the buildings that MGE Construct has been asked to demolish or remove from the Site, except such use or contents revealed by soil boring testing and subsurface water testing previously conducted by or on behalf of MGE Construct; (c) any subsurface conditions of the Site; (d) any matters not disclosed in University-provided drawings or other information provided to MGE Construct by the University on which MGE Construct has reasonably relied; or (e) any conditions at any off-Site areas or facilities previously provided by the University with respect to the Facility. 4.4.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access afforded MGE Construct by the University, MGE Construct is responsible for accommodating all Site conditions in the Specifications for and construction of the Facility, regardless of when the Site condition is discovered, but shall not be responsible for (a) subsurface or other conditions that could not be discovered by a reasonable inspection of the Site, consistent with the limitations on access provided by the University; (b) any conditions of the off-Site Lay Down Areas, the Soil Disposal Area, the Easement Areas or other staging areas for the Work provided by the University, except to the extent that such conditions were disclosed by the drawings and other information provided by the University to MGE Construct. Notwithstanding a failure by MGE Construct to perform its Site investigation due diligence consistent with the access the University has granted under this Section 4.4, MGE Construct (except as expressly provided otherwise in Section 7.2.4 of this Agreement) shall be responsible for successfully constructing the Facility without adjustment of the Guaranteed Maximum Price. The Parties agree that any information provided by the University to any MGE affiliate in connection with the Site and other staging areas shall be deemed to have been provided to MGE Construct.

Investigation of the Site. 4.4.1 MGE Construct 4.3.1 The PROJECT COMPANY shall be responsible for the Site preparation, excavation and grading and proper disposal of all excavated materials by the Developer if and as required in connection with performance of the Work by the CONTRATOR (as further specified in Schedule I). 4.3.2 The CONTRACTOR acknowledges that it has reviewed the Ground Lease and has made reasonable efforts to investigate the surface physical conditions affecting the Site consistent with the access that the University State Government has granted to MGE Construct and its agentsthe PROJECT COMPANY. MGE Construct has not been The CONTRACTOR shall be granted access to and has made no shall make investigation or inspection of any of the off-Site staging areas, including the Lay Down Areas, the Soil Disposal Area, or the Easement Areas, beyond drawings and other information previously provided by the University Developer on which MGE Construct the CONTRACTOR has relied. 4.4.2 MGE Construct 4.3.3 The CONTRACTOR shall ascertain the nature of the Site consistent with the access that the University has granted PROJECT COMPANY shall grant to MGE Construct the CONTRACTOR and its agents Subcontractors and the general and local conditions that may affect the Site and the cost of making the Site fit for the construction of the FacilityPlant, provided however, that MGE Construct the CONTRACTOR makes no representation or warranty as to (a) any environmental matters that may exist, including without limitation, any surface or subsurface contamination at the Site, except such surface or subsurface contamination found in soil boring testing and subsurface water testing previously conducted by or on behalf of MGE Constructthe CONTRACTOR; (b) the use or contents of any of the buildings that MGE Construct the Developer has been asked to demolish or remove from the Site, except such use or contents revealed by soil boring testing and subsurface water testing previously conducted by or on behalf of MGE Constructthe CONTRACTOR; (c) any subsurface conditions of the Site; (d) any matters not disclosed in University-provided -provided drawings or other information provided to MGE Construct the CONTRACTOR by the University on which MGE Construct the CONTRACTOR has reasonably relied; or (e) any conditions at any off-off- Site areas or facilities previously provided by the University Developer with respect to the FacilityPlant. 4.4.3 4.3.4 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable surface inspection of the Site within the scope of access afforded MGE Construct the CONTRACTOR by the UniversityDeveloper, MGE Construct the CONTRACTOR is responsible for accommodating all Site conditions in the Specifications for and construction of the Facility, regardless of when the Site condition is discovered, but shall not be responsible for (a) subsurface or other conditions that could not be discovered by a reasonable inspection of the Site, consistent with the limitations on access provided by the University; (b) any conditions of the off-Site Lay Down Areas, the Soil Disposal Area, the Easement Areas or other staging areas for the Work provided by the UniversityCONTRACTOR, except to the extent that such conditions were disclosed by the drawings and other information provided by the University Developer to MGE Constructthe CONTRACTOR. Notwithstanding a failure by MGE Construct the CONTRACTOR to perform its surface Site investigation due diligence consistent with the access the University PROJECT COMPANY has granted under this Section 4.44.3, MGE Construct (except as expressly provided otherwise in Section 7.2.4 of this Agreement) the CONTRACTOR shall be responsible for successfully constructing the Facility Plant without adjustment of the Guaranteed Maximum Contract Price. The Parties agree that any information provided by the University PROJECT COMPANY to any MGE affiliate of the CONTRACTOR affiliates in connection with the Site and other staging areas shall be deemed to have been provided to MGE Constructthe CONTRACTOR.

Investigation of the Site. 4.4.1 MGE Construct Contractor acknowledges that it has reviewed the Ground Lease Land Easement and has made reasonable efforts to investigate the physical conditions affecting the Site Site, consistent with the access that the University has granted been to MGE Construct Contractor and its agents. MGE Construct has not been granted access to and has made no investigation or inspection of any of the off-Site staging areas, including the Lay Down Areas, the Soil Disposal Area, or the Easement Areas, beyond drawings and other information previously provided by the University on which MGE Construct has relied. 4.4.2 MGE Construct Contractor shall ascertain the nature of the Site consistent with the access that the University Owner has granted to MGE Construct Contractor and its agents and the general and local conditions that may affect the Site and the cost of making the Site fit for the construction of the Facility, provided however, that MGE Construct Contractor makes no representation or warranty as to (a) any environmental matters that may exist, including without limitation, any surface or subsurface contamination at the Site, except such surface or subsurface contamination found in soil boring testing and subsurface water testing previously conducted by or on behalf of MGE ConstructContractor; (b) the use or contents of any of the buildings that MGE Construct Contractor has been asked to demolish or remove from the Site, except such use or contents revealed by soil boring testing and subsurface water testing previously conducted by or on behalf of MGE ConstructContractor; (c) any subsurface conditions of the Site; (d) any matters not disclosed in UniversityOwner-provided drawings or other information provided to MGE Construct Contractor by the University Owner on which MGE Construct Contractor has reasonably relied; or (e) any conditions at any off-Site areas or facilities previously provided by the University Owner with respect to the Facility. 4.4.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access afforded MGE Construct Contractor by the UniversityOwner, MGE Construct Contractor is responsible for accommodating all Site conditions in the Specifications for and construction of the Facility, regardless of when the Site condition is discovered, but shall not be responsible for (a) subsurface or other conditions that could not be discovered by a reasonable inspection of the Site, consistent with the limitations on access provided by the UniversityOwner; (b) any conditions of the off-Site Lay Down Areas, the Soil Disposal Area, the Easement Areas or other staging areas for the Work provided by the UniversityOwner, except to the extent that such conditions were disclosed by the drawings and other information provided by the University Owner to MGE ConstructContractor. Notwithstanding a failure by MGE Construct Contractor to perform its Site investigation due diligence consistent with the access the University Owner has granted under this Section 4.4, MGE Construct Contractor (except as expressly provided otherwise in Section 7.2.4 of this Agreement) shall be responsible for successfully constructing the Facility without adjustment of the Guaranteed Maximum EPC Price. 4 The Parties agree that any information provided by prime Subcontractor will be assuming the University to any MGE affiliate in connection with the Site General contractor role on site and other staging areas shall be deemed to have been provided to MGE Constructresponsible for safety.

Investigation of the Site. 4.4.1 MGE Construct Contractor acknowledges that it has reviewed the Ground Lease Site and has made reasonable efforts to investigate the physical conditions affecting the Site Site, consistent with the access that the University has granted been to MGE Construct Contractor and its agents. MGE Construct has not been granted access to and has made no investigation or inspection of any of the off-Site staging areas, including the Lay Down Areas, the Soil Disposal Area, or the Easement Areas, beyond drawings and other information previously provided by the University on which MGE Construct has relied. 4.4.2 MGE Construct Contractor shall ascertain the nature of the Site consistent with the access that the University Owner has granted to MGE Construct Contractor and its agents and the general and local conditions that may affect the Site and the cost of making the Site fit for the construction of the Facility, provided however, that MGE Construct Contractor makes no representation or warranty as to (a) any environmental matters that may exist, including without limitation, any surface or subsurface contamination at the Site, except such surface or subsurface contamination found in soil boring testing and subsurface water testing previously conducted by or on behalf of MGE ConstructContractor; (b) the use or contents of any of the buildings that MGE Construct Contractor has been asked to demolish or remove from the Site, except such use or contents revealed by soil boring testing and subsurface water testing previously conducted by or on behalf of MGE ConstructContractor; (c) any subsurface conditions of the Site; (d) any matters not disclosed in UniversityOwner-provided drawings or other information provided to MGE Construct Contractor by the University Owner on which MGE Construct Contractor has reasonably relied; or (e) any conditions at any off-Site areas or facilities previously provided by the University Owner with respect to the Facility.. SOLAR POWER PURCHASE AGREEMENT EXHIBIT C-3 4.4.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access afforded MGE Construct Contractor by the UniversityOwner, MGE Construct Contractor is responsible for accommodating all Site conditions in the Specifications for and construction of the Facility, regardless of when the Site condition is discovered, but shall not be responsible for (a) subsurface or other conditions that could not be discovered by a reasonable inspection of the Site, consistent with the limitations on access provided by the UniversityOwner; (b) any conditions of the off-Site Lay Down Areaslay down areas, the Soil Disposal Area, the Easement Areas or other staging areas for the Work provided by the UniversityOwner, except to the extent that such conditions were disclosed by the drawings and other information provided by the University Owner to MGE ConstructContractor. Notwithstanding a failure by MGE Construct Contractor to perform its Site investigation due diligence consistent with the access the University Owner has granted under this Section 4.4, MGE Construct Contractor (except as expressly provided otherwise in Section 7.2.4 of this the Agreement) shall be responsible for successfully constructing the Facility without adjustment of the Guaranteed Maximum Price. The Parties agree that any information provided by the University to any MGE affiliate in connection with the Site and other staging areas shall be deemed to have been provided to MGE ConstructPayment Terms.