Parties’ Acknowledgement. The parties hereby acknowledge and agree that the covenants and agreements contained in this Schedule constitute an agreement on liabilities for the purposes of the exclusion and apportionment of liability for contaminated land (and in particular paragraphs 7.29 and 7.30 of section 7 of Defra publication entitled "Contaminated Development Site Statutory Guidance April 2012") and should any enforcement action be instituted against the Council and/or the Partner by any regulatory authority (including without limitation the Environment Agency or relevant local authority (as appropriate)) then the parties agree that the relevant regulatory authority should allocate costs and liabilities of any remediation action in accordance with the agreement herein contained and if that regulatory authority does not do so then the parties nevertheless agree that as between themselves this agreement should operate to transfer such liability to the Partner.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
