Common use of Preliminary Planning and Engineering Activities Clause in Contracts

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 the Phase II Construction. The Department designates Developer as the Department’s consultant pursuant to Section 143(f)(1)(B) of Section 143 to the extent that any such activities constitute project development services under Section 143(f)(1)(A) of Section 143. 3.1.2 Subject to Sections 4.10, 4.16, 9.2 and 9.3, 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, Hazardous Materials, and archeological, paleontological, cultural and historic resources, affecting the Site or surrounding locations. Developer acknowledges that such information is for Developer's general reference only. The preceding sentence does not affect or limit Developer’s entitlement to compensation and other relief under the terms of this Agreement respecting occurrence of Relief Events.

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 the Phase II Construction. The Department designates Developer as the Department’s consultant pursuant to Section 143(f)(1)(B) of Section 143 to the extent that any such activities constitute project development services under Section 143(f)(1)(A) of Section 143. 3.1.2 Subject to Sections 4.10, 4.16, 9.2 4.16 and 9.39.2, 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, Hazardous Materials, and archeological, paleontological, cultural and historic resources, affecting the Site or surrounding locations. Developer acknowledges that such information is for Developer's general reference only. The preceding sentence does not affect or limit Developer’s entitlement to compensation and other relief under the terms of this Agreement respecting occurrence of Relief Events.