[11.2 and 11.3]

11.2  [Without prejudice to the provisions of Clauses [specify exceptions on a project specific basis] the Contractor shall not be entitled to make any claim in relation to Site Conditions against the Authority of any nature whatsoever, on any grounds including the fact that incorrect or insufficient information on any matter relating to the Site(s) was given to it by any person, whether or not the Authority, its contractors or agents.

11.3  [Subject to the provisions of [specify any exceptions which may apply on a project specific basis], the Contractor accepts full responsibility for all matters referred to in Clause 11.1 (Site Conditions) and the Contractor shall be responsible for, and hold the Authority harmless from, cleaning up and otherwise dealing with any Contamination at or from the Site(s) so that it shall at all times comply with its obligations under this Contract including (without limitation) complying with, at its own cost, any applicable Legislation and any Consents, orders, notices or directions of any Relevant Authority (whether made against the Authority or the Contractor).

[Project-specific provisions to be inserted]24

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24  Depending on the nature of the Site(s) and the extent to which surveys can be undertaken before Financial Close, more detailed provisions regarding environmental risk (in particular relating to handback arrangements and decommissioning) may be required.  Authorities will need to consider on a project specific basis whether the risk allocation in Clause 11.3 is appropriate taking into account whether:

■  the Site is an Authority site or a Contractor site;

■  there are existing buildings on the Site that make it impractical for the Contractor to investigate or survey;

■  there is a risk of leachate from an off site source; and

■  the Site has a previous waste use or if there is otherwise a risk of historic or aggravated contamination.