7Protection from liability

7 Protection from liability

(1)  Except as specified to the contrary in the Agreement, an Indemnified Person is not liable and no action may be taken, or claim, demand or requirement made, whether criminal or civil or public or private, against an Indemnified Person in respect of any contamination, Pollutant or Pollution on, above, beneath or emanating or emanated from the Leased Land which has been caused or introduced to the Leased Land during any mining, operations, activities, occupation or use of that land before the Starting Date or any Pollutant, Pollution or contamination resulting from such Pollutant, Pollution or contamination.

(2)  Nothing in subsection (1) prevents any action being taken or claim or demand being made against an Indemnified Person for any negligence or wilful misconduct by it which has aggravated the effect of any contamination, Pollutant or Pollution referred to in subsection (1) .