23.1

23.1  Without any limitation to any other provision of this Contract but without prejudice to clause 24 (Latent Defects), the Service Provider shall be deemed to have:

(a)  satisfied itself as to the nature and extent of the risks assumed by it under this Contract;

(b)  gathered all information necessary to perform its obligations under this Contract and any other obligations assumed, including having:

(i)  information as to the nature, location and condition of the land (including hydrological, geological, geo-technical 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;

(c)  carried out a ground physical and geophysical investigation and to have inspected and examined to its satisfaction the Project Network and their surroundings and, where applicable, any existing structures or works on, over or under the Project Network;

(d)  satisfied itself as to the nature of the climatic, hydrological, ecological, environmental and general conditions of the Project Network, the Structures forming part of the Project Network, the nature of the ground and subsoil, the form and nature of the Project Network the risk of injury or damage to property adjacent to or affecting the Project Network and to occupiers of such property, the nature of the materials (whether natural or otherwise) to be excavated, and the nature of the design, work, Plant and materials necessary for carrying out the Service;

(e)  satisfied itself as to:

(i)  the means of communication with and access to and through the Project Network, the accommodation it may require and the adequacy of the rights of access set out in clause 15.1 (Licence) for those purposes;

(ii)  the possibility of interference by persons (other than the Authority and other than persons claiming rights or title through, under or paramount to the Authority) with access to or use of the Project Network or benefiting from rights in respect of land;

(iii)  the precautions and times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and

(iv)  the risks of interference by Protestors or Trespassers or any other persons trespassing on the Project Network;

(f)  thoroughly examined, checked and satisfied itself as to the adequacy, correctness and suitability of all Design Data made available to the Service Provider by the Authority prior to the Contract Date and which the Service Provider has adopted or made use of in the Method Statements or which the Service Provider intends to adopt or make use of; and

(g)  generally obtained for itself all necessary information as to:

(i)  the risks, contingencies and all other circumstances which may influence or affect the requirements in the Output Specification and its obligation to carry out the Service; and

(ii)  any other factors which would affect its decision to enter into this Contract or the terms on which it would do so.