34.1 hubco shall at all times perform its obligations under this Agreement at its own risk and procure that the Project Service Providers perform their obligations under any Project Agreement at their own risk and in each case without recourse to Government or other public funds or guarantees save:
34.1.1 as otherwise expressly provided for elsewhere in this Agreement or the Shareholders Agreement; or
34.1.2 with the prior written consent of any Affected Participant;
34.1.3 in relation to any New Project, in terms of the approvals obtained pursuant to Schedule Part 4 (Approval Process for New Projects) (for Qualifying Projects) or as otherwise agreed between hubco and the relevant Project Agreement Counterparty (for all other Projects).
34.2 hubco confirms that it has not applied and, save in implementation of the TDP, has no intention (as at the date of execution of this Agreement) of applying for any Government or European Union grants or funding or any other public funds or guarantees for the purpose of performing its obligations (or those of its subsidiaries) under this Agreement or any Project Agreement. If hubco (or its subsidiaries) is or becomes entitled to apply for any such grants or funding in relation to the carrying out of any of the Services it shall obtain consent from the relevant Participant(s) before submitting the relevant application. The consent of the relevant Participant(s) to hubco's (or its subsidiaries) application may be given on conditions, including a condition that, should hubco (or its subsidiaries) receive any such grant or funding, the payments made by the relevant Participant(s) to hubco (or its subsidiaries) in accordance with this Agreement and/or any Project Agreement will be reduced by the amount of the grant or funding or such lesser amount as the relevant Participant(s) may determine.