Indeed, the tender documents create a representation according to which the facts detailed in the tender documents are exhaustive. The bidders rely on this representation to make decisions of economic significance."
- After examining the arguments of the parties and after reviewing the exhibits, I have reached the conclusion that the ILA did not commit a breach of the duty of disclosure and in any case did not mislead the Petitioner. I will elaborate.
Clause 2 of the tender, entitled "Planning and Physical Aspect", includes declaratory provisions relating to the identification of the valid plans that apply to the lot and to describe the planning situation at the time of the tender. This clause also includes binding contractual provisions that determine the bidder's responsibility for examining the planning, legal and physical information, the lack of responsibility of the authority for the information provided in the framework of the tender, and the bidder's waiver of claims relating to the condition of the lot or the realization of the building rights. Due to the importance of the matter, the main points of clause 2 of the tender will be brought below:
"2. Planning and physical aspect
2.1 Planning Provisions and Building Rights
2.1.1. Plans as defined in the Planning and Building Law, 5725-1965 apply to the lot that is the subject of the tender, effective at the time of publication of the tender, the provisions of which are an integral part of this tender. The Decision (Validity) plans are: 420-0506345, Med/2020, Med/BM/3, Med/3/3 (Hereinafter: "Plan" or "Zoning Plan" ...
2.1.2 Building rights, including the rate of utilization, Construction Area, the density and all the provisions and conditions required for the purpose of obtaining a building permit in accordance with the law, are in accordance with the plans that apply to the real estate The subject of the tender, and in accordance with any law, and in accordance with the instructions given by the local authority and/or the authorized planning committees.