1.6.6  Private party and government to co-operate

(a)  In some jurisdictions any implied good faith obligations will be expressly excluded. In other jurisdictions government may agree to be subject to any implied good faith obligations that arise as a matter of law in commercial contracts. If this is the case, the project agreement will specifically disclaim that there is implied, whether from the concept of 'partnership' or from the PPP guidance materials or otherwise, any other general duties of good faith on the part of government towards the project or the project parties, unless expressly assumed by government under the project agreement.

(b)  The project agreement will specifically disclaim that there is a joint venture, partnership, agency or fiduciary relationship between government and the private party.