SCHEDULES

SCHEDULE 12PROTECTIVE PROVISIONS

PART 19FOR THE PROTECTION OF SUEZ RECYCLING AND RECOVERY UK LIMITED

247

For the protection of Suez, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Suez.

248

In this Part of this Schedule—

  • “the respective authorised developments” means the authorised development and the Suez energy from waste facility respectively;

  • “Suez” means Suez Recycling and Recovery UK Limited (company number 02291198) whose registered address is Suez House, Grenfell Road, Maidenhead, Berkshire SL6 1ES and any successor in title;

  • “the Suez energy from waste facility” the proposed energy from waste facility authorised by planning permission ref 14/1454/EIA granted by Stockton-on-Tee Borough Council to be situated on the Suez site;

  • “Suez site” means the land within the Order limits owned by Suez; and

  • “works details” means—

    1. a

      plans and sections;

    2. b

      details of the proposed method of working and timing of execution of works;

    3. c

      details of vehicle access routes for construction and operational traffic; and

    4. d

      any further particulars provided in response to a request under paragraph 249.

Consent under this Part

249

Paragraphs 249 to 252 of this Part only apply where prior to the undertaker commencing any part of Work Number 6 Suez has either begun or completed construction of the Suez energy from waste facility anywhere within the Order limits.

250

Before commencing any part of the authorised development which would have an effect on the operation or maintenance of the Suez energy from waste facility or access to it, the undertaker must submit to Suez the works details for the proposed works and such further particulars as Suez may, within 28 days from the day on which the works details are submitted under this paragraph, reasonably require.

251

No works comprising any part of the authorised development which would have an effect on the operation or maintenance of the Suez energy from waste facility or access to it are to be commenced until the works details in respect of those works submitted under paragraph 249 have been approved by Suez.

252

Any approval of Suez required under paragraph 250 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as Suez may require to be made to ensure that the respective authorised developments can co-exist within the Suez site.

253

1

The authorised development must be carried out in accordance with the works details approved under paragraph 250 and any requirements imposed on the approval under paragraph 251.

2

Where there has been a reference to an arbitrator in accordance with paragraph 255 and the arbitrator gives approval for the works details, the authorised development must be carried out in accordance with the approval and conditions contained in the decision of the arbitrator under paragraph 255.

Co-operation254

1

This paragraph applies insofar as—

a

the construction of the Suez energy from waste facility and the authorised development may be undertaken within the Order limits concurrently; or

b

the construction of one of the respective authorised developments would have an effect on the operation or maintenance of the other respective authorised development or access to it.

2

Where this paragraph applies the undertaker and Suez must—

a

co-operate with each other with a view to ensuring—

i

the co-ordination of construction programming and the carrying out of the respective authorised developments;

ii

that access for the purposes of constructing the respective authorised developments is maintained for the undertaker, Suez and their respective employees, contractors and sub-contractors; and

iii

that operation, maintenance and access to the respective authorised developments is maintained for the undertaker and Suez; and

b

use reasonable endeavours to avoid any conflict arising from the carrying out of the respective authorised developments.

Indemnity255

1

Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 249, any damage is caused to the Suez site, or there is any interruption in any service provided, or in the supply of any goods, by Suez, the undertaker must—

a

bear and pay the cost reasonably incurred by Suez in making good such damage or restoring the supply; and

b

make reasonable compensation to Suez for any other expenses, loss, damages, penalty or costs incurred by Suez, by reason or in consequence of any such damage or interruption.

2

Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

a

any damage or interruption to the extent that it is attributable to the act, neglect or default of Suez, its officers, employees, servants, contractors or agents; or

b

any indirect or consequential loss or loss of profits by Suez.

3

Suez must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

4

Suez must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 254 applies. If requested to do so by the undertaker, Suez must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (1). The undertaker shall only be liable under this paragraph 254 for claims reasonably incurred by Suez.

Arbitration256

Any difference or dispute arising between the undertaker and Suez under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Suez, be referred to and settled by arbitration in accordance with article 47 (arbitration).