Common use of Site Condition Clause in Contracts

Site Condition. The Customer acknowledges that it selected the site at which the Facility and the Connection Works for the shallow connection are to be constructed and accordingly the Customer accepts full responsibility for the conditions of the site and of any land required for the Contestable Components and Company's Connection Equipment (including but not limited to any toxic contamination) and agrees that the existence of any such condition which adversely affects the performance by: 1.2.1 the Customer of its obligations under the Agreement shall not excuse any delay by the Customer in meeting its obligations under the Agreement or give rise to any other right for the Customer under the Agreement; 1.2.2 the Company of its obligations under the Agreement shall excuse any delay by the Company in meeting its obligations under the Agreement, and in the event that any such condition causes the Company to incur increased costs (as determined by the Company, acting reasonably) in meeting its obligations under the Agreement in relation to the Company's Connection Works then the Connection Charges shall be increased by the amount of those increased costs (so determined). Notwithstanding the above, the Customer shall facilitate any request by the Company to visit the site pre-acceptance of the connection offer.