Common use of Site Data and Verification Clause in Contracts

Site Data and Verification. The KMC has made available to the Concessionaire, the layout plans, load flow studies and all other relevant data, studies and reports in the KMC 's possession in connection with the Site and the Facilities. The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the Site. The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the KMC and any other information available with respect to the Facilities and the Site and to have satisfied itself as to all the relevant matters including: the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; the suitability of the Site for undertaking the construction/renovation and/or operation and maintenance of the Facilities; the condition of the utilities available till the battery limits of the Site; the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; the nature of design, construction/renovation work and/or O&M services necessary for the performance of its obligations under this Agreement; Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; the suitability and adequacy of any access roads to the Site and other utilities and facilities to be provided by the relevant Government Authority; and all other matters that may affect the performance of its obligations under this Agreement. The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the KMC, then, such error or discrepancy shall not entitle the Concessionaire to any extension of the Scheduled Payment Milestone Completion Dates, the Scheduled Construction Completion Dates and/or compensation for additional costs incurred. Further, any misinterpretation of the data, studies and reports provided by the KMC shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Article 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement. Unforeseen Site Conditions Without prejudice to Article 4.3 above, if during the execution of the Project, the Concessionaire encounters any adverse physical conditions, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, the Concessionaire may seek a Variation in accordance with Article 20.3. Upon receipt of a request for a Variation due to unforeseen Site conditions relating to one or more of the Site, if, in the opinion and sole discretion of the KMC, such conditions could not have been reasonably foreseen by a prudent developer acting in accordance with Good Industry Practices, then the KMC shall issue a Variation Order in accordance with Article 20. Any decision of the KMC regarding the existence of any unforeseen Site conditions shall be final and binding.

Site Data and Verification. (a) The KMC has made available to the Concessionaire, the layout plans, load flow studies and all other relevant data, studies and reports in the KMC 's possession in connection with the Site and the Facilities. . (b) The Concessionaire shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the implementation of the Project at the Site. . (c) The Concessionaire shall also be deemed to have inspected and examined the Site and its surroundings, analysed and verified the accuracy and reliability of the studies, reports and data provided by the KMC and any other information available with respect to the Facilities and the Site and to have satisfied itself as to all the relevant matters including: : (i) the nature of the Site, including the subsurface, hydrological, climatic and general physical conditions of the Site; ; (ii) the suitability of the Site for undertaking the construction/renovation and/or operation and maintenance of the Facilities; ; (iii) the condition of the utilities available till the battery limits of the Site; ; (iv) the extent, nature and availability of labour, material, transport, accommodation, storage facilities and other facilities and resources necessary to undertake the Project; ; (v) the nature of design, construction/renovation work and/or O&M services necessary for the performance of its obligations under this Agreement; ; (vi) Applicable Laws and Applicable Permits required to be obtained and maintained to undertake the Project; ; (vii) the risk of injury or damage to Adjoining Property and to the occupiers of such property or any other risk; ; (viii) the suitability and adequacy of any access roads to the Site and other utilities and facilities to be provided by the relevant Government Authority; and and (ix) all other matters that may affect the performance of its obligations under this Agreement. The Concessionaire acknowledges and agrees that if any error or discrepancy is subsequently discovered in the data made available by the KMC, then, such error or discrepancy shall not entitle the Concessionaire to any extension of the Scheduled Payment Milestone Completion Dates, the Scheduled Construction Completion Dates and/or compensation for additional costs incurred. Further, any misinterpretation of the data, studies and reports provided by the KMC shall not relieve the Concessionaire from the performance of its obligations under this Agreement on the ground that it could not reasonably be expected to have foreseen any of the matters listed in Article 4.3(c) (i) to (ix) above, which affect or may affect the Project or the performance of any of its obligations under this Agreement. Unforeseen Site Conditions Without prejudice to Article 4.3 above, if during the execution of the Project, the Concessionaire encounters any adverse physical conditions, which could not have been reasonably foreseen by acting in accordance with Good Industry Practices, the Concessionaire may seek a Variation in accordance with Article 20.3. Upon receipt of a request for a Variation due to unforeseen Site conditions relating to one or more of the Site, if, in the opinion and sole discretion of the KMC, such conditions could not have been reasonably foreseen by a prudent developer acting in accordance with Good Industry Practices, then the KMC shall issue a Variation Order in accordance with Article 20. Any decision of the KMC regarding the existence of any unforeseen Site conditions shall be final and binding.