SCHEDULE 9Protective provisions

PART 12For the protection of Immingham Oil Terminal operators

Monitoring for damage to pipelines

schedule 9 paragraph 172 + 172.  Irrespective of anything to the contrary elsewhere in this protective provision—

schedule 9 paragraph 172 a + (a)the undertaker and the IOT Operators 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 Part of this Schedule; and

schedule 9 paragraph 172 b + (b)neither the undertaker nor the IOT Operators 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.