# The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024, Paragraph 131: Indemnity

Extent: E+W

(1) During the construction of the authorised development, the Undertaker must indemnify CLdN against all financial losses, costs, charges, damages, expenses, claims and demands which may reasonably be incurred or occasioned to CLdN by reason or arising in connection with—
(a) any obstruction which prevents or materially hinders access into or out of the Port, which is caused by or attributable to the undertaker or its agents or contractors in exercising the power of this Order, save for where such an obstruction is as a result of the lawful actions or direction of the Statutory Conservancy and Navigation Authority;
(b) the undertaking by CLdN of works or measures to prevent or remedy a danger or impediment to navigation or access to or from the Port arising from the exercise by the undertaker of its powers under this Order; or
(c) any additional costs of disposal of dredging arisings from the Port incurred by CLdN as a result of the undertaker’s use of the CLdN disposal site.
(2) 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 CLdN, its officers, servants, contractors or agents.
(3) Without limiting the generality of sub-paragraph (1), the undertaker must indemnify CLdN from and against all claims and demands arising out of, or in connection with, such construction, maintenance or failure or act or omission as is mentioned in that sub-paragraph until the commencement of the operation of the authorised development.

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Source: https://www.legislation.gov.uk/uksi/2024/1014/schedule/4/paragraph/131 (the official version)
Page: https://openlegislation.uk/associated-british-ports-immingham-eastern-ro-ro-terminal-development-consent-order-2024/schedule-4/paragraph-131
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.