Subject to Principle 2, Project Co:
• accepts all risks in connection with delivering the Project; and
• is not entitled to make any Claim against the State or any State Associate in connection with the Project or the Project Documents, including any Claim Project Co would otherwise be entitled to make at Law.
Principle 1 does not prevent Project Co from defending a Claim made by the State or State Associates against Project Co save that if there are provisions in the Project Deed which expressly set out the bases on which Project Co may defend or reduce its liability, Project Co's rights to defend a Claim are limited by those provisions. For example, clause 43.6 sets out the limitations on Project Co's liability to the State in respect of the indemnities set out in the Project Deed. Project Co is not entitled to defend an indemnity claim made by the State on any basis other than those set out in clause 43.6 notwithstanding that, but for clause 43.6, Project Co may have had other rights available to it at common law or in equity in defence of an indemnity.