# The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024, Paragraph 14: Indemnity

Extent: E+W

(1) The undertaker is responsible for and must make good to the Statutory Conservancy and Navigation Authority all reasonable financial costs or losses not otherwise provided for in this Part of this Schedule which may reasonably be incurred or suffered by the Authority by reason of—
(a) the construction or operation of the authorised works or the failure of the authorised works;
(b) anything done in relation to a mooring or buoy under paragraph 8; or
(c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised works or dealing with any failure of the authorised works,
and the undertaker must indemnify the Statutory Conservancy and Navigation Authority from and against all claims and demands arising out of or in connection with the authorised works or any such failure, act or omission.
(2) The fact that any act or thing may have been done—
(a) by the Statutory Conservancy and Navigation Authority on behalf of the undertaker; or
(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Statutory Conservancy and Navigation Authority, or in a manner approved by the Statutory Conservancy and Navigation Authority, or under its supervision or the supervision of its duly authorised representative,
does not (if it was done or required without negligence on the part of the Statutory Conservancy and Navigation Authority or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.
(3) The Statutory Conservancy and Navigation Authority 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 is to be made without the prior consent of the undertaker.

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Source: https://www.legislation.gov.uk/uksi/2024/1014/schedule/4/paragraph/14 (the official version)
Page: https://openlegislation.uk/associated-british-ports-immingham-eastern-ro-ro-terminal-development-consent-order-2024/schedule-4/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.