13.1  Site Matters

The condition of the Site shall be the sole responsibility of the Service Provider and accordingly (but without prejudice to any other obligation of the Service Provider under this Agreement) the Service Provider shall be deemed to have:

(a)  carried out a Ground Physical and Geophysical Investigation and to have inspected and examined the Site and its surroundings and (where applicable) any existing structures or works on, over or under the Site;

(b)  satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and materials necessary for the execution of the Works;

(c)  satisfied itself as to the adequacy of the means and rights of access to, and through, the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Site);

(d)  satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority) with access to ,or use of, or rights in respect of, the Site with particular regard to the owners of any land adjacent to the Site; and

(e)  satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to third parties.