In some instances it may be desirable for government to commission an environmental audit on behalf of all proponents' to minimise the proponents' bidding costs. If an environmental audit has been undertaken and is included in the project brief or provided in the data room established for the project, the private party should agree, as one of the terms of the project agreements, that it will not take any action against government in relation to the matters contained in the audit. This will occur whether or not the audit proves to be defective or invalid. Such undertakings are desirable to protect government from liability for the quality of audits over which it has no control. They should be seen as a trade-off for the opportunity an independent audit gives the private party to price contamination risk more accurately, without incurring the costs of the audit. If necessary, it may be agreed that the private party will inherit government's rights to sue the investigator if the audit has been undertaken negligently. These rights can be novated to the private party under the project agreements.