51.3  Due Diligence of Disclosed Data

The Service Provider acknowledges and confirms that:

(a)  it has conducted its own analysis and review of the Disclosed Data and has, before the Contract Date satisfied itself as to the accuracy, completeness and fitness for purpose of all such Disclosed Data upon which it places reliance; and

(b)  it shall not be entitled to make any claim against the Authority whether in damages or for extensions of time or additional payments, under this Contract on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or clause 51.3(a) or on the grounds that incorrect or insufficient information relating thereto or to the Project Network was given to it by any person, whether or not in the employ of the Authority.  Nor shall the Service Provider be relieved from any risks or obligations imposed on or undertaken by it under this Contract on any such ground

and the acknowledgements, confirmations and warranties given by the Service Provider in clause 51.3(a) are given only for the purpose of affording the Authority with a defence to such claims as are referred to in clause 51.2(b) and in clause 51.3(b).  The said acknowledgements, confirmations and warranties shall not be actionable so as to entitle the Authority to bring any claim (as opposed to raising any defence) against the Service Provider under or in connection with this Contract, in tort or otherwise, on the grounds that the said acknowledgements, confirmations or warranties are incorrect or that the Service Provider is in breach of the same.