(a) 'Site Conditions' includes all circumstances and conditions on, in, around and affecting the land, whether latent or otherwise, and includes contamination and geotechnical conditions in, on, under or around the site.
(b) While government may select the project site, it makes no express or implied warranty or representation with respect to the site, the Site Conditions, or the adequacy of the site for the project.
(c) Subject to the exceptions identified in section 4.4.6, the private party will assume all liability for Site Conditions and will not be entitled to make any claim against government in connection with any Site Conditions. To this effect, the private party will release and indemnify government from any claims or liabilities (including by or to a third party respectively) arising out of, or in connection with any Site Conditions.
(d) The cost of any necessary rectification or upgrade of the site identified prior to execution of the project agreement will be reflected in the bid price. The risk of costs exceeding what has been priced rests with the private party.