# The Associated British Ports (Immingham Green Energy Terminal) Order 2025, Paragraph 31: Costs and indemnity

Extent: E+W+S

(1) The undertaker must repay the Agency all proper and reasonable costs, charges and expenses which the Agency reasonably incurs—
(a) in the examination or approval of plans under this Part of this Schedule;
(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and
(c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works or any protective works,
and, for the avoidance of doubt, sub-paragraph (2) does not apply to the costs, charges and expenses to which this sub-paragraph refers.
(2) Subject to sub-paragraphs (3) to (7), the undertaker is responsible for and indemnifies the Agency against all costs and losses, liabilities, claims and demands not otherwise provided for in this Schedule which may be reasonably incurred or suffered by the Agency by reason of, or arising out of—
(a) the construction, operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or
(b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the authorised development or dealing with any failure of the authorised development.
(3) For the avoidance of doubt, but subject to sub-paragraphs (4) to (7), in sub-paragraph (2)—
(a) “costs” includes—
(i) expenses and charges;
(ii) staff costs and overheads;
(iii) legal costs;
(b) “losses” includes physical damage.
(c) “claims” and “demands” include as applicable—
(i) costs (within the meaning of paragraph 31(3)(a) incurred in connection with any claim or demand;
(ii) any interest element of sums claimed or demanded;
(d) “liabilities” includes—
(i) contractual liabilities;
(ii) tortious liabilities (including liabilities for negligence or nuisance);
(iii) liabilities to pay statutory compensation or for breach of statutory duty; and
(iv) liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).
(4) The Agency must give to the undertaker reasonable notice of any such costs or losses, liabilities, claims or demands and must not settle or compromise any of them without the agreement of the undertaker and that agreement must not be unreasonably withheld or delayed.
(5) The Agency must at all times take all reasonable steps to prevent and mitigate any such claims, demands, proceedings, liabilities, costs, damages, expenses or losses.
(6) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.
(7) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any costs or losses, liabilities, claims or demands to the extent that they are attributable to the neglect, default or wilful misconduct of the Agency, its officers, servants, contractors or agents.

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Source: https://www.legislation.gov.uk/uksi/2025/165/schedule/14/paragraph/31 (the official version)
Page: https://openlegislation.uk/associated-british-ports-immingham-green-energy-terminal-order-2025/schedule-14/paragraph-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.