2.13.3  Contamination and Remediation (clauses 11.6, 11.7 and 43.4)

Other than Contamination, Project Co retains all Site condition risk. Project Co's Contamination Remediation obligations are determined on a location basis. In formulating the risk allocation for the PV Standard Project Deeds, the State formed the view that there is value for money in limiting Project Co's Remediation obligations so that it is not automatically required to Remediate all Contamination in or in the direct vicinity of the Project Area or Remediate the Contamination back to source. 

Diagram 10 below summarises Project Co's Contamination Remediation obligations and any Contamination and the Remediation work for which Project Co will be entitled to compensation and relief under the PV Standard Project Deeds. 

Diagram 10

The State also requires Project Co to indemnify the State for Liability the State suffers for Contamination, that Project Co was not obliged to Remediate but that Project Co or any Project Co Associate caused to occur or to spread, so that Project Co will put in place reasonable measures to contain such Contamination.

The State recognises that the risk allocation for Contamination Remediation is often project specific and may be amended accordingly (see section 2.13.5 below).