51.2  Disclaimer by Authority

The Authority:

(a)  has made available to the Service Provider prior to the date hereof certain materials, documents and data related to the Service, the operation and maintenance of the Project Network, traffic records and forecasts and other matters which are or may be relevant to the Project and the obligations undertaken by the Service Provider under this Contract (the Disclosed Data) and has taken reasonable steps to ensure that third parties including contractors have similarly made available such information.  The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Service Provider in connection with the invitation to tender in respect of the Project (including all such contained in the Data Room);

(b)  shall not be liable to the Service Provider (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligence on the part of the Authority or any of its agents, servants or contractors) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data;

(c)  gives no warranty or undertaking that the Disclosed Data represents all of the information in its possession or power (either during the tender for the Project or at the execution of this Contract) relevant or material to the Project or the obligations undertaken by the Service Provider under this Contract;

(d)  the Authority shall not be liable to the Service Provider in respect of any failure to disclose or make available (whether before or after the execution of this Contract) to the Service Provider any information, documents or data, nor to keep the Disclosed Data up to date, nor to inform the Service Provider (whether before or after execution of this Contract) of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy in the Disclosed Data.