in quantity and quality) and professional
services will be available for Contractor's performance of the Work in
accordance with the requirements of this Agreement.
(c)
is solely responsible for design and construction of suitable drainage
systems during performance of the Work on the Site to avoid flooding at the Site
which could interrupt the construction activities and cause damage to the
Equipment, including piping and other material, stored or installed at the Site,
and including proper Site preparation construction planning to minimize water
entrapment, ponding, and flooding in some areas which could interrupt the
construction activities, or damage stored Equipment.
Accordingly, with the exception of Unforeseen Excused Site Conditions or events
of Force Majeure that impact the Site (or the area around the Site), and subject
to
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Contractor's rights to a Change Order pursuant to Sections 8.3.1(r) and
8.3.1(s), Contractor hereby agrees that it shall have no right to claim or seek
an increase in the Contract Price or an adjustment to the Key Date Schedule with
respect to physical conditions at or around the Site, including the Site
Conditions, and hereby waives and releases Owner from and against such claims.
Contractor affirms that it has the skills and experience necessary to review and
assess the Site, the Site Conditions and the Site in light of the different
aspects of the Work. OWNER MAKES NO GUARANTY OR WARRANTY, EXPRESS OR IMPLIED, AS
TO THE SITE. CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE INFORMATION
SET FORTH IN THE BASIS OF DESIGN WITH RESPECT TO THE SITE IS PROVIDED FOR
PURPOSES OF THE DESIGN AND ENGINEERING OF THE LIQUEFACTION PROJECT, AND IN NO
WAY CONSTITUTES A REPRESENTATION, WARRANTY OR GUARANTY AS TO CONDITIONS THAT
CONTRACTOR MAY ENCOUNTER DURING THE PERFORMANCE OF THE WORK. THIS SECTION 2.4.1
SHALL NOT LIMIT CONTRACTOR'S RIGHTS TO MAKE CLAIMS FOR RELIEF UNDER SECTION 8.3
AND ARTICLE 18 IN CONNECTION WITH UNFORESEEN EXCUSED SITE CONDITIONS, OR IN THE
CASE OF THE OCCURENCE OF AN EVENT OR CIRCUMSTANCE GIVING RISE TO A CHANGE ORDER
UNDER SECTIONS 8.3.1(r) AND 8.3.1(s), OTHER EXCUSABLE EVENTS OR EVENTS OF FORCE
MAJEURE THAT OCCUR DURING THE PERFORMANCE OF THE WORK.
2.4.2
Owner-Furnished Information. CONTRACTOR ACKNOWLEDGES, AND SHALL CAUSE
ITS SUPPLIERS TO AGREE, THAT: (a) WITHOUT LIMITING WHAT CONSTITUTES AN
OWNER-CAUSED DELAY, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, TO CONTRACTOR
OR SUCH SUPPLIER OR ANY OTHER PERSON, AS TO THE ACCURACY, SUFFICIENCY OR CONTENT
OF THE OWNER-FURNISHED INFORMATION OR THE OPINIONS THEREIN CONTAINED OR
EXPRESSED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; AND (b) NEITHER CONTRACTOR, THE SUPPLIERS NOR ANY OTHER
PERSON MAY RELY ON THE OWNER-FURNISHED INFORMATION, AND THAT NONE OF SUCH
PERSONS SHALL HAVE A CLAIM AGAINST OWNER WITH RESPECT TO THE OWNER-FURNISHED
INFORMATION, EXCEPT FOR SUCH INFORMATION THAT HAS BEEN SPECIFICALLY DESIGNATED
AS NON-VERIFIED INFORMATION IN APPENDIX N. NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, CONTRACTOR SHALL NOT BE REQUIRED TO VERIFY OR BE DEEMED TO HAVE
VERIFIED ANY OF THE NON-VERIFIED INFORMATION.
2.4.3
Scope