SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Indemnity

149.—(1) The undertaker agrees to indemnify and keep PoTLL, including any associated company (as defined in article 8(7) (consent to transfer benefit of Order)), indemnified at all times for all losses, costs, charges, damages, expenses, claims and demands which may be incurred reasonably or suffered by PoTLL, by reason or arising from or relating to—

(a)the construction or failure of a specified work or protective work;

(b)the carrying out of a specified function;

(c)the undertaking by PoTLL of works or measures to prevent or remedy a danger or impediment to navigation or access within or to and from the Port;

(d)the alteration to aids to navigation within the Port that are owned by PoTLL or the laying down of moorings or buoys within the Port as may be necessary in consequence of a specified work;

(e)damage to the Port arising from paragraphs (a) to (d), including but not limited to—

(i)damage to any, street, plant, apparatus, chattels, fixtures, equipment or building belonging to PoTLL that is caused by the construction or failure of a specified work or protective work;

(ii)any act or omission of the undertaker or its servants and agents while engaged in the construction of a specified work or protective work; and

(iii)any remedial works necessary as the result of contamination being disturbed in, or migrating to, the Port or where such contamination means that the land affected by contamination cannot be used as part of the Port.

(2) The liability imposed by sub-paragraph (1) includes where this is attributable to the act, neglect or default of the undertaker’s officers, servants, contractors, employees, agents and sub-contractors.

(3) The fact that any act or thing may have been done by PoTLL on behalf of the undertaker or in accordance with a plan approved by PoTLL or in accordance with any requirement of PoTLL or under its supervision or to its satisfaction or in accordance with any directions or award of any arbitrator does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(4) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of PoTLL, its officers, servants, contractors or agents.

(5) PoTLL must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand must be made without the prior written consent of the undertaker, such consent not to be unreasonably delayed or refused.