# The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024, Paragraph 123: Indemnity

Extent: E+W

(1) The undertaker is responsible for and must make good to DFDS all reasonable financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by DFDS by reason of—
(a) the construction of the authorised works or operation of the authorised development; or
(b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged in the construction of the authorised works or operation of the authorised development.
(2) DFDS must give the undertaker no less than 28 days’ notice in writing, providing a detailed explanation and justification for any such claim, as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand is to be made without the prior consent of the undertaker.
(3) Nothing in sub-paragraph (1) imposes any liability on the Undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of DFDS, its officers, servants, contractors or agents.

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Source: https://www.legislation.gov.uk/uksi/2024/1014/schedule/4/paragraph/123 (the official version)
Page: https://openlegislation.uk/associated-british-ports-immingham-eastern-ro-ro-terminal-development-consent-order-2024/schedule-4/paragraph-123
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

