The private party will not be liable under the indemnity to the extent that a claim or liability is a consequence of:
(a) any fraudulent or negligent acts or omissions of government or its associates; or
(b) a breach by government or its associates of any Project Contract.
(c) wilful misconduct or unlawful acts or omissions of government, or its associates, except to the extent that the claim or loss is caused by the private party's failure to provide the Contracted Services; and
(d) the private party following the express directions of government with respect to its obligations under the project agreement, where such directions are given in accordance with the project agreement.