13.3  Inability to Survey

To the extent that unforeseen ground conditions and/or Contamination exist in any parts of the Site which are [under existing buildings as at Financial Close5] and which it is not practical for the Service Provider to investigate or survey, the Service Provider shall not be responsible for them, unless:

(a)  they were discovered by the Ground Physical and Geophysical Investigation and accordingly identified in the Service Provider Proposals; or

(b)  they should reasonably have been discoverable if the Ground Physical and Geophysical Investigation had been properly carried out,

and if the Service Provider is not responsible for such ground conditions and/or Contamination under this clause 13.3 then the Authority shall be so responsible.

_____________________________________________________________________________________________
5  Define the areas to which this clause applies.