Surface and Subsurface Conditions. The Subcontractor shall inspect surface and/or subsurface conditions affecting the Subcontract Work to assure that the Subcontract Work will be properly performed in accordance with the applicable Contract Documents. If any remedial work is required to the surface or subsurface, Subcontractor shall immediately notify Contractor in writing. IF SUBCONTRACTOR PERFORMS SUBCONTRACT WORK WITHOUT PROVIDING NOTICE THAT SUCH REMEDIAL WORK IS REQUIRED, SUBCONTRACTOR ACCEPTS ALL SURFACE AND SUBSURFACE CONDITIONS AND WAIVES ANY CLAIMS FOR EXTRA COMPENSATION TO REPAIR OR REMEDY SUCH CONDITIONS OR FOR REPLACEMENT OF THE SUBCONTRACT WORK ARISING OR RESULTING FROM DEFECTS IN THE SURFACE OR SUSURFACE.
Surface and Subsurface Conditions. Owner has provided Contractor with the preliminary geotechnical reports (the “Subsurface Reports”) as set forth on Exhibit AA. Contractor’s design set forth in Exhibit A is based upon such Subsurface Reports. Owner has not made and shall make no express or implied warranty to Contractor as to the accuracy and completeness of any subsurface information that has been or may be supplied by Owner to Contractor (including the Subsurface Reports), and Owner shall not be liable for breach of any representation or warranty to Contractor for any such information provided by Owner with respect to the Site. Notwithstanding the foregoing, Contractor has not made any independent inspection of the subsurface conditions nor has it verified the accuracy of the Subsurface Reports. Contractor expressly assumes any and all costs and risks associated with performing the Work as it relates to known subsurface conditions at the Site, including buried structures, and subsurface conditions, to the extent the same are forth in the Subsurface Reports or the Phase I and II environmental site assessment reports described in Appendices Q and R of Exhibit A (“Environmental Reports”), and any subsurface conditions that should have been reasonably expected to exist at the Site based upon the subsurface characteristics of the Site and the results of the Subsurface Reports and Environmental Reports. Contractor acknowledges that Owner and Contractor will be required to provide continued access to certain infrastructure and monitoring xxxxx located on the Site to enable the owner of the nearby Ormet Superfund site to the east of the Site to comply with such owner’s ongoing site monitoring and remediation obligations. To the extent that actual surface or subsurface conditions at the Project Site differ from (i) the subsurface conditions known and disclosed in the Subsurface Reports and Environmental Reports or (ii) known conditions (with Contractor being deemed to have knowledge of all surface conditions existing at the Site as of the date of Contractor’s inspection of the Site, which inspection shall occur not later than thirty (30) days after Owner provides written notice that Owner’s demolition contractor has substantially completed its demolition work, which is targeted for completion by March 15, 2019), including subsurface conditions which are ordinarily encountered and that should have been reasonably expected (in quantity and nature) to exist at the Site based upon the results of the ...
Surface and Subsurface Conditions. BUYER IS ACQUIRING THE ASSETS PRECISELY AND ONLY IN AN “AS IS AND WHERE IS” CONDITION AND ASSUMES THE RISK THAT ADVERSE PHYSICAL CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE PRESENCE OF UNKNOWN ABANDONED OR UNPRODUCTIVE OIL XXXXX, GAS XXXXX, EQUIPMENT, PITS, LANDFILLS, FLOWLINES, PIPELINES, WATER XXXXX, INJECTION XXXXX AND SUMPS WHICH MAY OR MAY NOT HAVE BEEN REVEALED BY BUYER’S INVESTIGATION, ARE LOCATED THEREON OR THEREIN, AND WHETHER KNOWN OR UNKNOWN TO BUYER AS OF CLOSING. ON AND AFTER CLOSING, BUYER HEREBY AGREES TO ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH ALL OBLIGATIONS ATTRIBUTABLE, IN ANY WAY, TO THE ASSETS AND ALL LAWS, ORDERS, RULES AND REGULATIONS CONCERNING ALL OF SUCH CONDITIONS, KNOWN OR UNKNOWN, AND FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD THE SELLER PARTIES HARMLESS FOR SAME, INCLUDING, BUT NOT LIMITED TO, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS FOR ANY LIABILITY, ATTORNEY’S FEES, FINES, PENALTIES OR COSTS UNDER ALL ENVIRONMENTAL LAWS, AS DEFINED IN THIS AGREEMENT.
Surface and Subsurface Conditions. The Subcontractor shall inspect surface and/ or subsurface conditions affecting the Subcontract Work to assure that the Subcontract Work will be properly installed in strict accordance with the Contract Documents. I f any remedial work is required to the surface or subsurface, Subcontractor shall immediately notify Contractor in writing. Subcontractor accepts all surface and subsurface conditions when Subcontractor initiates its Subcontract Work without such notice, and the initiation of the Subcontract Work without such notice constitutes an absolute waiver of any claim for extra compensation for initial work or replacement work subsequently required.
Surface and Subsurface Conditions
