4.4.8 Indemnity for third party liability

The private party must indemnify government against all third party liability arising in relation to any contamination existing on, over, under or emanating from,17 the site, except to the extent that government has agreed to share remediation costs (on the basis discussed in section 4.4.6). This indemnity is subject to the limitation of liability in section 32.1.2 of Chapter 32 (Indemnities, warranties and contractual claims).

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17 For example, contamination disturbed by the project activities that affects adjacent land or waterways.