(a) Government, as a contracting party, will be subject to any implied good faith obligations that arise as a matter of law in commercial contracts. However, the project agreement will specifically disclaim that there is implied, whether from the concept of 'partnership' the PPP guidance materials or otherwise, any other general duties of good faith on the part of government towards the project or the project parties, unless expressly assumed by government under the project agreement.
(b) The project agreement will specifically disclaim that there is a joint venture, partnership, agency or fiduciary relationship between government and the private party.