The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Damage to property and other losses E+W

29.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to Exolum the reasonable costs and expenses incurred by Exolum in, or in connection with—

(a) [F1 all loss, damage, liability,] costs and expenses reasonably suffered or incurred by Exolum for which Exolum is legally liable as a result of legally sustainable claims brought against Exolum by any third party solely arising out of the carrying out of any works associated with the authorised development;

(b) [F2 the cost reasonably incurred by Exolum in making good] any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any works associated with the authorised development; and

(c) [F3 the cost reasonably incurred by Exolum in stopping,] suspending and restoring the supply through its pipeline and make reasonable compensation to Exolum for any other expenses, losses, damages, penalty or costs incurred by Exolum by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any works associated with the authorised development.

(2) Irrespective of anything to the contrary elsewhere in this protective provision—

(a) the undertaker and Exolum must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers as a result of the other’s negligence or breach of this protective provision; and

(b) neither the undertaker nor Exolum are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this protective provision or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

(3) Exolum must give to the undertaker reasonable notice of any claim or demand to which this paragraph 30 applies. The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. Exolum must not compromise or settle any such claim or make any admission which might be prejudicial to the claim. Exolum must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.

(4) The requirement to give reasonable notice of any claim or demand to the undertaker in sub-paragraph (3) above shall not apply in the event of an emergency or where the safety of the apparatus is at risk, in which case Exolum may take necessary action and notify the undertaker of its costs promptly afterwards.

Textual Amendments

F1 Words in Sch. 4 para. 29(1)(a) substituted (11.2.2025) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 (S.I. 2025/143), art. 1, Sch.

F2 Words in Sch. 4 para. 29(1)(b) substituted (11.2.2025) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 (S.I. 2025/143), art. 1, Sch.

F3 Words in Sch. 4 para. 29(1)(c) substituted (11.2.2025) by The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent (Correction) Order 2025 (S.I. 2025/143), art. 1, Sch.

Commencement Information

I1 Sch. 4 para. 29 in force at 25.10.2024, see art. 1