Guidance Note - This clause provides that each Participant must undertake its own enquiries in respect of the accuracy etc. of any information or advice given by any other Participant under the Agreement. The purpose of the clause is to avoid any claims by the Participants for adjustments to the TOC by reason of any information or advice given under the Agreement. Please note that, in some instances, the Project Owner may consider obtaining a warranty from the NOPs to this effect. The Project Owner should consider whether a provision of this nature (or an obligation on the NOPs to provide a warranty) is to be included in the Agreement. |
The Participants have, prior to the date of this Agreement, exchanged information and advice about the Works and the performance of the Works. The Participants acknowledge that they will continue to do this during the Relevant Period. To avoid the possibility of issues between the Participants arising and the need for any subsequent alterations to the TOC, each Participant must undertake its own enquiries to satisfy itself as far as reasonably practical of the accuracy, completeness and relevance of that information or advice.