Acceptance of Site Condition Sample Clauses
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Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2, 16.3 and 16.4, Project Co acknowledges and agrees that it has investigated the Site and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the Site (including the buildings, structures and works, on, over and under the Site existing on the date hereof and the Background Information) prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2, 16.3 and 16.4, Project Co shall not be entitled to make any claim of any nature whatsoever against ▇▇▇▇▇ or any Osler Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not Osler or an Osler Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
(b) Subject to Sections 6.4, 16.2, 16.3 and 16.4, Project Co acknowledges and agrees that it has and shall be deemed to have:
(i) performed all necessary Site due diligence and investigations and investigated and examined the Site and its surroundings and any existing works on, over or under the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof;
(ii) in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works;
(iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and w...
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the Lands (including the buildings, structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Lands, the Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the Lands, the Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure or the Site Conditions was given to it by any person, whether or not Contracting Authority or a Province Person.
(b) Section 18.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person who has given Project Co an express written entitlement to rely on that information, provided however, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.4, 18.2, 18.3 and 18.4, Project Co’s legal recourse shall be against the person who provided the express written entitlement to rely on the information and not Contracting Authority or any Province Person.
(c) Subject to Sections 7.4, 18.1(b), 18.2, 18.3 and 18.4, Project Co acknowledges and agrees that it has and shall be deemed to have:
(i) performed all necessary due diligence and investigations or inspections on the Lands, and examined the Lands and their surroundings and any existing works on, over or under the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on...
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against the College or any College Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not the College or a College Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has investigated the Site and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the Site (including the buildings, structures and works, on, over and under the Site existing on the date hereof and the Background Information) prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against SMH or any SMH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not SMH or a SMH Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against HMQ, any HMQ Party, City, UofT or TO2015 on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not HMQ, a HMQ Party, City, UofT or TO2015, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co.
Acceptance of Site Condition. (a) Subject to Sections 7.4, 18.2 and 18.3, Project Co acknowledges and agrees that it has investigated the Sites and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the Sites (including the buildings, structures and works, on, over and under the Sites existing on the date hereof and the Background Information) prior to executing this Project Agreement and agrees to accept the Sites and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Contracting Authority Party on any grounds relating to the Sites, including the fact that incorrect or insufficient information on any matter relating to the Sites was given to it by any person, whether or not Contracting Authority or a Contracting Authority Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Sites provided by such person to Project Co.
Acceptance of Site Condition. 65 16.1A Highway Site Investigation - Concealed or Unknown Conditions ............................... 67 16.1B Acceptance of Stage 2 Site Condition .......................................................................... 67 16.2 Contamination ............................................................................................................... 68 16.3 Items of Geological, Historical or Archaeological Interest or Value ........................... 68 16.4 Species-at-Risk ............................................................................................................. 73 16.5 Latent Defects ............................................................................................................... 74 17. GOVERNMENTAL AND THIRD PARTY FINANCIAL OBLIGATIONS .................. 75 17.1 Governmental, Railway and Utility Company Fees ..................................................... 75