Common use of SITE INFORMATION Clause in Contracts

SITE INFORMATION. The Principal does not warrant, guarantee or make any representation about the accuracy or adequacy of any information or data made available to the Contractor as to the existing conditions at the Site. Such information or data does not form part of the Contract. The Contractor warrants that it has not placed any reliance upon the accuracy or adequacy of such information or data and acknowledges that it is aware that the Principal entered the Contract relying upon this warranty. Unless clause 6.5 applies, the Contractor releases and indemnifies the Principal from and against all claims, whether under the Contract or (insofar as is permitted by law) any other principle of law, which it now or in the future may have against the Principal arising out of or in connection with such information or data. Latent Conditions If the Contractor considers it has encountered a Latent Condition it must immediately give the Contract Administrator notice in writing. The Contract Administrator must, within 14 days of receipt of the Contractor's notice: notify the Contractor and the Principal of its determination whether a Latent Condition has been encountered or found; and instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Latent Condition. If the Contract Administrator determines that a Latent Condition has been encountered the Contractor will be entitled to: claim an extension of time to the Date for Completion under clause 9.4 if it is delayed in achieving Completion by the Date for Completion; and be paid by the Principal any extra costs incurred by the Contractor after the giving of a notice under this clause 6.5 arising from the Latent Condition, valued by the Contract Administrator as a Variation. The Contractor's entitlement under paragraph (d) will be its only right to payment of money arising from the Latent Condition and will be subject to the Contractor complying with clause 12.

SITE INFORMATION. The Principal Contractor does not warrant, guarantee or make any representation about the accuracy or adequacy of any information or data made available to the Contractor Subcontractor as to the existing conditions at the Site. Such information or data does not form part of the ContractSubcontract. The Contractor Subcontractor warrants that it has not placed any reliance upon the accuracy or adequacy of such information or data and acknowledges that it is aware that the Principal Contractor entered the Contract Subcontract relying upon this warranty. Unless clause 6.5 applies, the Contractor Subcontractor releases and indemnifies the Principal Contractor from and against all claims, whether under the Contract Subcontract or (insofar as is permitted by law) any other principle of law, which it now or in the future may have against the Principal Contractor arising out of or in connection with such information or data. Latent Conditions If the Contractor Subcontractor considers it has encountered a Latent Condition it must immediately give the Contract Administrator Contractor's Representative notice in writing. After receipt of a notice from the Subcontractor the Contractor's Representative must determine whether a Latent Condition has been encountered. The Contract Administrator Contractor's Representative must, within 14 days of receipt of the Contractor's notice: making this determination, notify the Contractor and the Principal parties of its determination whether a Latent Condition has been encountered his or found; and instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Latent Conditionher determination. If the Contract Administrator determines that a Latent Condition has been encountered the Contractor Subcontractor will be entitled to: subject to clause 9.5(b), claim an extension of time to the Date for Completion under clause 9.4 if it is delayed in achieving Completion by the Date for Completion; and be paid by the Principal Contractor any extra costs incurred by the Contractor Subcontractor after the giving of a notice under this clause 6.5 arising from the Latent Condition, valued by the Contract Administrator Contractor's Representative as a Variation. The ContractorSubcontractor's entitlement under paragraph (db) will be its only right to payment of money arising from the Latent Condition and will be subject to the Contractor Subcontractor complying with clause 12.