6.5  Contractor's Due Diligence

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

(a)  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

(b)  gathered all information necessary to perform its obligations under this Agreement and other obligations assumed including:90

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

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

(iii)  [other relevant information]91.

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

91  This will depend on project specific requirements.  The Authority should conduct surveys in advance (see footnote to clause 18.7 (Defects and Asbestos)).  If subsurface conditions cannot be investigated below an existing footprint, it may be value for money for the Authority to retain that particular risk.