A FULLY OPERATIONAL LNG RECEIVING,
STORAGE AND REGASIFICATION FACILITY FOR THE CONTRACT PRICE, WITHIN THE REQUIRED
TIMES SET FORTH IN THE PROJECT SCHEDULE, AND IN ACCORDANCE WITH ALL REQUIREMENTS
OF THIS AGREEMENT, INCLUDING APPLICABLE CODES AND STANDARDS, APPLICABLE LAW,
WARRANTIES, MINIMUM ACCEPTANCE CRITERIA AND PERFORMANCE GUARANTEES.
ACCORDINGLY, SUBJECT TO SECTION 4.8 AND SECTION 13 OF SCHEDULE A-1, CONTRACTOR
(I) HEREBY AGREES THAT IT SHALL HAVE NO RIGHT TO CLAIM OR SEEK AN
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INCREASE IN THE CONTRACT PRICE OR AN ADJUSTMENT TO THE PROJECT SCHEDULE WITH
RESPECT TO ANY INCOMPLETE, INACCURATE OR INADEQUATE INFORMATION THAT MAY BE
CONTAINED OR REFERENCED IN ATTACHMENT A, (II) HEREBY WAIVES AND RELEASES OWNER
FROM AND AGAINST ANY SUCH CLAIMS, AND (III) SHALL NOT BE RELIEVED OF ITS
RESPONSIBILITY TO ACHIEVE ALL REQUIREMENTS UNDER THIS AGREEMENT (INCLUDING
MEETING APPLICABLE CODES AND STANDARDS, APPLICABLE LAW, MINIMUM ACCEPTANCE
CRITERIA AND PERFORMANCE GUARANTEES) DUE TO ANY SUCH INCOMPLETE, INACCURATE OR
INADEQUATE INFORMATION.
SUBJECT TO SECTION 4.8, OWNER MAKES NO GUARANTY OR
WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF
ANY INFORMATION THAT IS CONTAINED IN OR REFERENCED IN ATTACHMENT A.
B.
CONDITIONS OF THE SITE.
1.
SUBJECT TO ADJUSTMENT AS APPROPRIATE
PURSUANT TO SECTION 4.3, CONTRACTOR AGREES AND ACKNOWLEDGES THAT IT IS
SUFFICIENTLY FAMILIAR WITH THE SITE AND THE OFF-SITE RIGHTS OF WAY AND EASEMENTS
TO PERFORM THE WORK IN ACCORDANCE WITH THE PROJECT SCHEDULE, AND UNDERSTANDS THE
CLIMATE, TERRAIN, LOGISTICS, AND OTHER DIFFICULTIES THAT IT MAY ENCOUNTER IN
PERFORMING THE WORK IN ACCORDANCE WITH THE PROJECT SCHEDULE.
EXCEPT AS
OTHERWISE PROVIDED IN THIS AGREEMENT, INCLUDING CONTRACTOR'S RIGHTS PURSUANT TO
SECTION 6.8A, CONTRACTOR WAIVES ANY RIGHT TO CLAIM AN ADJUSTMENT IN THE CONTRACT
PRICE OR THE PROJECT SCHEDULE IN RESPECT OF ANY FAILURE TO TIMELY PERFORM THE
WORK IN ACCORDANCE WITH THE PROJECT SCHEDULE AS A RESULT OF ANY OF THE FOLLOWING
CONDITIONS AT THE SITE: (I) RIVER LEVELS, TOPOGRAPHY; (II) CLIMATIC CONDITIONS,
TIDES, AND SEASONS; (III) AVAILABILITY OF LABORERS, SUBCONTRACTORS,
SUB-SUBCONTRACTORS, CONSTRUCTION EQUIPMENT OR ANY OTHER ITEMS OR SUPPLIES; (IV)
ADEQUATE AVAILABILITY AND TRANSPORTATION OF EQUIPMENT; AND (V) BREAKDOWN OR
OTHER FAILURE OF CONSTRUCTION EQUIPMENT; PROVIDED, HOWEVER, THAT CONTRACTOR DOES
NOT ASSUME THE RISK OR WAIVE ITS RIGHTS WITH RESPECT TO THOSE CONDITIONS IN
SECTION 2.5B.2.
THIS SECTION 2.5B.1 SHALL NOT AFFECT THE RIGHTS OF CONTRACTOR
WITH RESPECT TO CHANGE ORDERS IN ACCORDANCE WITH SECTION 4.3.
2.
IF CONTRACTOR ENCOUNTERS SUBSURFACE
SOIL CONDITIONS THAT (I) ARE MATERIALLY DIFFERENT FROM THE INFORMATION REGARDING
SUCH SUBSURFACE SOIL CONDITIONS AS PROVIDED IN THE GEOTECHNICAL REPORTS
(INCLUDING THE ENCOUNTERING OF SUBSURFACE SOIL CONDITIONS THAT COULD NOT BE
REASONABLY BE ANTICIPATED BY CONTRACTOR USING GECP BASED ON THE INFORMATION
PROVIDED IN THE GEOTECHNICAL REPORTS) AND (II) ADVERSELY AFFECTS (A)
CONTRACTOR'S COSTS OF PERFORMANCE OF THE WORK, (B) CONTRACTOR'S ABILITY TO
PERFORM THE WORK IN ACCORDANCE WITH THE PROJECT SCHEDULE OR (C) CONTRACTOR'S
ABILITY TO PERFORM ANY MATERIAL OBLIGATION UNDER THIS AGREEMENT, CONTRACTOR
SHALL BE ENTITLED TO A CHANGE ORDER; PROVIDED THAT CONTRACTOR COMPLIES WITH THE
REQUIREMENTS SET