62.3  Service Provider investigation

Without prejudice to its rights and remedies under clause 4.1 (Authority Warranted 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 Commencement Date, satisfied itself as to the accuracy, completeness and fitness for purpose of any such Disclosed Data upon which it places reliance; and

(b)  it shall not be entitled to and shall not (and shall procure that no Service Provider Party shall) make any claim against the Authority or any Authority Party whether in contract, tort or otherwise including, without limitation, any claim in damages, for extensions of time or for additional payments under this Agreement on the grounds:

(i)  of any misunderstanding or misapprehension in respect of the Disclosed Data; or

(ii)  that incorrect or insufficient information relating to the Disclosed Data was given to it by any person, whether or not a Authority Party,

nor shall the Service Provider be relieved from any obligation imposed on, or undertaken by it, under this Agreement on any such ground.