6. CONTRACTOR'S DUE DILIGENCE
Required drafting (see Section 6.3 of SoPC4) as follows:
6.1 Subject to Clause 5.7 (Fraudulent Statements) and the provisions of Clause 14 (Fossils and Antiquities)14, the Contractor shall be deemed to have:
6.1.1 satisfied itself as to the assets to which it will acquire rights and the nature and extent of the risks assumed by it under this Contract; and
6.1.2 gathered all information necessary to perform its obligations under this Contract and other obligations assumed including:
(a) information as to the nature, location and condition of the Site(s) (including hydrological, geological, geotechnical and sub-surface conditions);
(b) current and projected tonnages, trends and composition of Contract Waste;
(c) information relating to archaeological finds, areas of archaeological scientific or natural interest15, local conditions and facilities and the quality of existing structures; and
(d) [other relevant information to be added on a project specific basis]16.
6.2 Subject to Clause 5.7 (Fraudulent Statements), [and except for any express provisions of this Contract having the contrary effect,] the Contractor shall not in any way be relieved from any obligation under this Contract nor shall it be entitled to claim against the Authority on grounds that any information, whether obtained from the Authority or otherwise (including information made available by the Authority), is incorrect or insufficient and shall make its own enquiries as to the accuracy and adequacy of that information.
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14 Reference to Schedule 7 (Sites Information) may be included if appropriate here and at Clause 6.2.
15 See Section 5.1.4 of SoPC4 for the treatment of fossils and antiquities in certain projects. Where there is a particular archaeological risk, Authorities may agree an alternative risk share on a project specific basis.
16 The value of environmental warranties/indemnities will need to be reviewed on a project specific basis, taking into account the considerations outlined in Section 6.3.1 (Authority Warranties) of SoPC4. In certain circumstances, for example, it may prove better value for money for the Authority to provide environmental indemnities where a low probability but high impact risk is present, e.g. where part of the site was previously used as gasworks.