SCHEDULE 9Protective provisions

PART 13For the protection of Air Products (BR) Limited

Costs

192.  The undertaker must repay to Air Products all fees, costs, charges and expenses properly incurred by them on an indemnity basis in relation to these protective provisions in respect of—

(a)obtaining necessary facilities and rights in the land in which the alternative apparatus is to be constructed under paragraph ‎183(3);

(b)authorisation of works details submitted by the undertaker under paragraph ‎185 and the imposition of conditions under paragraph ‎186;

(c)the engagement of an engineer and their observation of the relevant work affecting the pipelines and the provision of safety advice under paragraph ‎188; and

(d)the repair and testing of a pipeline or protected crossing under paragraph ‎190,

including the costs incurred by Air Products in engaging and retaining such external experts, consultants and contractors as may be necessary to Air Products to comply with the obligations and requirements set out in these protective provisions.