6.6  Contractor's Due Diligence

The Contractor shall, subject to the terms of this Agreement, be deemed to have:

6.6.1  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 Agreement; and

6.6.2  gathered all information necessary to perform its obligations under this Agreement and other obligations assumed. [including:162

(a)  information as to the nature, location and condition of the land (including hydrological, geological, geotechnical, ecological, environmental, climatic and sub-surface conditions);

(b)  information relating to archaeological finds, areas of archaeological scientific or natural interest, local conditions and facilities and the quality of existing structures; and

(c)  other relevant information].163

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162 The value of environmental warranties/indemnities will need to be reviewed on a project specific basis.

163 Sub-clauses (a) (Contractor's Due Diligence) and (b) (Contractor's Due Diligence) are relevant to non-HRA projects only.