4.4.9  Environmental Notices

(a)  The private party must comply with any Environmental Notice issued in relation to the site or any pollution or environmental hazard caused by the private party.

(b)  The private party must not exercise any statutory power to recover its costs of compliance with an Environmental Notice against government or its associates. This restriction does not limit the private party's right to recover its costs under the project agreement to the extent that contamination is a Compensation Event.  

(c)  Ultimate liability for clean up costs will be allocated under the project agreement in accordance with the principles set out above.  Reimbursement of the private party's costs will be limited to government's share (if any) of the remediation costs and will not include delay or disruption costs, save to the extent this is identified as a Compensation Event.