Common use of Information Documents Clause in Contracts

Information Documents. (a) Information Document means any information, data, document or material (in any format or medium including any electronic form and whether oral or written) which is: (i) referred to in Exhibit G of the Main Contract; (ii) issued or made available by, or on behalf of, the Principal, the NSW Government, the Main Contractor or HLL to the Supplier in connection with the Supply or any works under the Main Contract (including anything issued or made available through the Principal’s website), regardless of whether it was expressly classified or stated to be an “Information Document”; or (iii) referred to, or incorporated by reference, in an Information Document unless such information, data, document or material is otherwise expressly stated to form part of this Contract, (b) Without limiting or otherwise affecting clause 23.3(a): (i) HLL, the Main Contractor and the Principal do not warrant, guarantee or assume any duty of care or other responsibility for or makes any representation about the accuracy, adequacy, suitability, currency, fitness for purpose, reasonableness, reliability or completeness of the Information Documents; (ii) whether or not an Information Document or any part thereof forms an annexure (or schedule, appendix, exhibit or other attachment) to this Subcontract, the Supplier acknowledges that: (A) the Information Document or part thereof does not form part of this Subcontract; and (B) where an Information Document or any part thereof forms an annexure (or schedule, appendix, exhibit or other attachment) to this Subcontract, it does so only for the purposes of identification of that document or part thereof; (iii) insofar as is permitted by law, HLL, the Main Contractor and the Principal will not be liable upon any Claim by the Supplier or any Secondary Subcontractor arising out of or in any way in connection with: (A) the provision of, or the purported reliance upon, or use of the Information Documents to or by the Supplier, Secondary Subcontractors or any other person to whom the Information Documents are disclosed; or (B) a failure by HLL to provide any information to the Supplier .

Information Documents. (a) Information Document means any information, data, document or material (in any format or medium including any electronic form and whether oral or written) which is: (i) referred to in Exhibit G of the Main Contract; (ii) issued or made available by, or on behalf of, the Principal, the NSW Government, the Main Contractor or HLL to the Supplier Subcontractor in connection with the Supply WUS or any works under the Main Contract (including anything issued or made available through the Principal’s website), regardless of whether it was expressly classified or stated to be an “Information Document”; or (iii) referred to, or incorporated by reference, in an Information Document unless such information, data, document or material is otherwise expressly stated to form part of this Contract, (b) Without limiting or otherwise affecting clause 23.3(a25.12(a): (i) HLL, the Main Contractor and the Principal do not warrant, guarantee or assume any duty of care or other responsibility for or makes any representation about the accuracy, adequacy, suitability, currency, fitness for purpose, reasonableness, reliability or completeness of the Information Documents; (ii) whether or not an Information Document or any part thereof forms an annexure (or schedule, appendix, exhibit or other attachment) to this Subcontract, the Supplier Subcontractor acknowledges that: (A) the Information Document or part thereof does not form part of this Subcontract; and (B) where an Information Document or any part thereof forms an annexure (or schedule, appendix, exhibit or other attachment) to this Subcontract, it does so only for the purposes of identification of that document or part thereof; (iii) insofar as is permitted by law, HLL, the Main Contractor and the Principal will not be liable upon any Claim by the Supplier Subcontractor or any Secondary Subcontractor arising out of or in any way in connection with: (A) the provision of, or the purported reliance upon, or use of the Information Documents to or by the SupplierSubcontractor, Secondary Subcontractors or any other person to whom the Information Documents are disclosed; or (B) a failure by HLL to provide any information to the Supplier Subcontractor. (c) The Subcontractor: (i) warrants that it did not in any way rely upon: (A) any information, data, representation, statement or document made by, or provided to the Subcontractor by the Principal or the Main Contractor or HLL or anyone on behalf of the Principal or the Main Contractor or HLL or any other information, data, representation, statement or document for which the Principal or the Main Contractor is responsible or may be responsible whether or not obtained from the Principal or the Main Contractor or HLL or anyone on behalf of the Principal or the Main Contractor or HLL; or (B) the accuracy, adequacy, suitability, currency, fitness for purpose, reasonableness, reliability or completeness of such information, data, representation, statement or document, for the purposes of entering into this Subcontract or carrying out the WUS but nothing in this clause 25.12 will limit or otherwise affect the Subcontractor’s obligations under this Subcontract; (ii) warrants that it or anyone it provides the Information Documents to, has sufficient expertise to understand the risks involved with any decision to enter into or perform any of the Subcontractor’s obligations under this Subcontract and enters into this deed based on its own investigations, interpretations, deductions, information and determinations; and (iii) acknowledges that: (A) the Information Documents do not form the basis for the Subcontractor’s decision to enter into this Subcontract; (B) the Information Documents do not purport to contain, or be, all of the information that an interested party may require in order to make any decision to enter into this contract or perform any of the Subcontractor’s obligations under this Subcontract; and (C) it is aware that HLL has entered into this Subcontract relying upon the warranties, acknowledgements and agreements in this clause 25.12. (d) To the maximum extent permitted by Law, but subject to the Subcontractor’s express rights under this Subcontract, the Subcontractor: (i) unconditionally and irrevocably releases, discharges and indemnifies HLL and the Main Contractor from and against: (A) any Claim against the Principal or the Main Contractor or HLL by, or liability of the Principal or the Main Contractor or HLL to, any person; or (B) (without being limited by clause 25.12(c)(i)(A)any loss suffered or incurred by the Main Contractor or HLL, arising, now or in the future, in any way out of or in any way in connection with: (C) the provision of, or the purported reliance upon, or use of, the Information Documents to or by the Subcontractor or any other person to whom the Information Documents are disclosed by the Subcontractor or a failure by the Principal, the Main Contractor or HLL or any other party to provide any information to the Subcontractor; or (D) the Information Documents being relied upon or otherwise used by the Subcontractor in the preparation of any information or document, including any Information Document which is “misleading or deceptive” or “false and misleading” (within the meaning of those terms in sections 18 and 29 (respectively) of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any equivalent provision of State or Territory legislation); and (ii) unconditionally and irrevocably agrees that no Claim can be made by the Subcontractor against the Principal or the Main Contractor or HLL arising in any way from, or relating in any way whatsoever to, the Information Documents, including: (A) the accuracy, adequacy, currency, suitability, fitness for purpose, reasonableness, completeness or reliability of any of the Information Documents; (B) the financial, taxation, accounting, environmental, legal or other implications of any reliance upon the Information Documents or anything whatsoever derived from them; (C) the reasonableness, or possibility of achievement of, any forecasts which may be included in, or which may be or are capable of being derived in any way from, any of the Information Documents; and (D) the reliability of any of the Information Documents for use in any way whatsoever in connection with the decision to enter into this Subcontract or perform the Subcontractor’s obligations under this Subcontract.