13Certain liability not affected by Division

#### 13 Certain liability not affected by Division 13 Certain liability not affected by Division > > (1) Nothing in this Part operates to extinguish— > > > > > (a) any civil liability incurred by a party to the Heads of Agreement, the Final Funding Agreement or a Related Agreement to another party to the Agreement where that liability arises under or in relation to the Agreement or in connection with the negotiation of, and entry into, the Agreement, or > > > > > (b) any civil liability incurred by an advisor or agent of James Hardie Industries NV in connection with the negotiation of, and entry into, the Heads of Agreement, the Final Funding Agreement or any Related Agreement, or > > > > > (c) any civil liability in respect of which proceedings are pending before a court or other tribunal immediately before 1 December 2005, or > > > > > (d) any civil liability of a person who is a concurrent wrongdoer with another person whose liability is extinguished under this Division in respect of the damage or loss to which the extinguished liability relates. > > > > Note— > > > > A person whose liability is extinguished under this Division is not liable as a concurrent wrongdoer in respect of that liability for the purposes of paragraph (d) even if the person is a concurrent wrongdoer with another person whose liability is also extinguished under this Division. > > > (2) The extinguishment of a liability by this Part operates even if the liability is the subject of proceedings commenced during or after 1 December 2005. The fact that any such proceedings are pending on the assent day does not prevent or limit the application of that provision or this Part in respect of the liability concerned.