TranSystems Corporation - LGM Construction

structures and other man-made features on the Site and has thoroughly inspected those structures
and other man-made features.
(b) Contractor acknowledges that, by careful examination, it has obtained a complete and
detailed understanding of the scope and nature of FedEx’s business operations, which will
continue on or in the vicinity of the Site during the course of Contractor’s performance of the
Work, and of the potentially catastrophic damages (including, without limitation, lost revenues)
that FedEx may sustain if Contractor does not adhere strictly to the requirements of this
Agreement and the other Contract Documents.
Section 10.02. Sufficiency of Contract Documents.
(a) Contractor acknowledges that the
Contract Documents are sufficient to enable it to determine the cost of all the Materials and
Services required for the Project and that, for the Contractor’s Fee, it can complete the Work in
its entirety in accordance with the Contract Documents notwithstanding any foreseen or
unforeseen risks, hazards or difficulties, such as the encountering of any concealed condition
below the surface of the ground at the Site that is inconsistent with conditions indicated in the
Contract Documents.
(b) Contractor acknowledges that, if discrepancies, omissions, ambiguities or conflicts
exist in the Contract Documents, Contractor shall seek clarifications and corrections in a timely
manner in order to ensure substantial completion of the Work by the Substantial Completion
Date. Contractor's failure to advise FedEx of the existence of any such discrepancies, omissions,
ambiguities or conflicts within 30 calendar days after the Effective Date will constitute
Contractor’s acknowledgment that none exist in the Contract Documents. In addition, Contractor
acknowledges that FedEx has not made any warranties, guarantees or representations of any kind
regarding the sufficiency of the Contract Documents (i.e., the extent to which the Contract
Documents are complete, accurate, coordinated or adequate for bidding or the performance of the
Work) or any other matter relating to the Work. FedEx has provided data or information to
Contractor for Contractor’s information only and not as a representation or warranty. FedEx is
not responsible for the accuracy of any such data or information or any deduction, interpretation
or conclusion that Contractor draws from it.
(c) FedEx will not be responsible for, and the Contractor’s Fee will not be adjusted by
reason of, any damages resulting from any discrepancies, omissions, ambiguities or conflicts in
the Contract Documents that Contractor does not note in accordance with the terms of Section
10.02(b).
Section 10.03. No Oral Modification.
No oral agreement or conversation with any officer,
agent or employee of FedEx either before or after the execution of this Agreement will affect or
modify any of the terms or obligations contained in this Agreement or the other Contract
Documents.
Section 10.04. Contractor’s Experience and Capabilities. Contractor has induced FedEx to
execute this Agreement based upon Contractor’s representations that (i) it is experienced in the
type of Work for which FedEx is engaging Contractor, (ii) it is authorized and licensed to
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