(1) Subject to the other provisions of this section, the Company its shareholders, the shareholders' affiliates, a buyer, seller shipper, project contractors and any other person engaged in activities relating to the Project shall be liable for any environmental damage caused by the activities in accordance with the laws of Ghana.

(2) A person shall not be liable under subsection (1) for any environmental damage that was not caused by or through the Project activities.

(3) Any environmental damage or other circumstances identified in the Environmental Impact Assessment as existing prior to the Construction Commitment Date shall be conclusively deemed to have existed prior to the commencement of the Project activities and not to have been caused by the Company, the shareholders, the shareholders' affiliates, or the Project contractors.

(4) A buyer, seller or shipper is not liable for any environmental damage that was not caused by its activities.