Section 33: Exemption from liability for certain environmental damage

(1) The Company, any of its shareholders or their affiliates, lenders of the Company or the Project Contractors shall not be liable for any environmental damage that occurs other than by reason of any of the Project activities.
(2) Any environmental damage or adverse environmental effects identified in the environmental impact assessment of the Project as existing prior to the construction commitment date shall be deemed to have existed prior to the commitment of the Project activities and shall not be deemed to have been caused by the Company, its affiliates, shareholders or its lenders or Project contractors.
(3) No buyer, seller or shipper shall be liable for any environmental damage that was not caused by its activities.