[Responsibility for Ground Conditions and Contamination

10.3  To the extent that unforeseen ground conditions and/or Contamination exist in any parts of the Site which are under existing buildings as at the Execution Date and which it is not practical for Project Co to investigate or survey, Project Co shall not be responsible for them unless they were discovered by the Ground Physical and Geophysical Investigation and accordingly identified in Section 3 (Authority's Construction Requirements) of Schedule Part 6 (Construction Matters) or unless they should reasonably have been discoverable if the Ground Physical and Geophysical Investigation had been properly carried out or unless they would have been identified had Project Co carried out such additional surveys as it would have been reasonable to expect an experienced contractor to have carried out in the circumstances. The Authority shall be responsible for any ground conditions and/or Contamination for which Project Co is not responsible by virtue of this Clause 10.3. This Clause 10.3 applies to the following areas: [                  ].

10.4  Where pursuant to Clause 10.3 the Authority is responsible for any of the matters referred to then the following provisions shall apply:

10.4.1  during the Construction Phase any such matter shall be deemed to be a Compensation Event for the purposes of this Agreement;

10.4.2  where any such matter arises during the Operational Term it shall, for the avoidance of doubt, be deemed to be an Excusing Cause for the purposes of Clause 51 (Excusing Causes);

10.4.3  further where any such matter arises during the Operational Term and any work or change to the Services is required or instructed to be done in consequence of it, it shall be deemed to be a Qualifying Change; and

10.4.4  where any such matter is Contamination (whether during the Construction Phase or the Operational Term) the Authority shall further hold Project Co harmless from cleaning up and otherwise dealing with the Contamination and shall indemnify Project Co in respect of all Direct Losses incurred by Project Co resulting from such Contamination.]