10.1  No representations or warranties from the State

Project Co acknowledges and agrees that, except as expressly provided by this Deed, neither the State nor any State Associate has made or makes any representations, has given any warranties or guarantees or owes any duty of care in respect of:

(a)  (Project Information): the accuracy, suitability, adequacy or completeness of the Project Information;

(b)  (Project Area):

(i)  title to the Project Area or adequacy of or access to the Project Area and its surroundings for the Project; or

(ii)  any Site Conditions;

(c)  (Utility Infrastructure): the existence, location, condition or availability of any Utility Infrastructure;

(d)  (Easement): any Easements or rights of way; or

(e)  (asset condition): the existence, adequacy, location, condition (including the fitness for purpose), type, number, availability or suitability of any Project Assets including those made available to Project Co by or on behalf of the State during the Term[Note: Inclusion of clause 10.1(e) to be considered on a project specific basis as it will not be required if there are no Project Assets made available by or on behalf of the State during the Term.]