Preliminary Planning and Engineering Activities. 3.1.1 Unless expressly provided otherwise in this Agreement for specific elements of the Work, Developer shall perform or cause to be performed all preliminary planning and engineering activities appropriate for design and construction of Phase II the Project. 3.1.2 Subject to Sections 4.10, 4.14 and 9.2, Developer shall bear the risk of any incorrect or incomplete review, examination and investigation by it of the Site and surrounding locations and of any incorrect or incomplete information resulting from preliminary engineering activities conducted by Developer, the Department or any other Person. The Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons concerning surface conditions and subsurface conditions, including information related to Utilities and Hazardous Materials, affecting the Site or surrounding locations. Developer acknowledges that such information is for Developer's general reference only.
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Sources: Concession Agreement, Concession Agreement