Paragraph 141 InterpretationI1

In this part—

• “Company” means North Hoyle Wind Farm Limited (company number 02904841) whose registered address is at 5th Floor, 20 Fenchurch Street. London, England, EC3M 3BY;

• “Company cables” means the export cables leading from North Hoyle wind farm to their onshore grid connection;

• “crossing points” means the points at which the Company cables and the undertaker cables cross each other;

• “force majeure event” means any cause beyond the reasonable control of the undertaker, and which the undertaker by the exercise of reasonable diligence is unable to prevent, avoid or remove, and in relation to which the undertaker has exercised and is exercising the standard of a reasonable and prudent operator provided that a lack of funds does not constitute a force majeure event;

• “method statement” means such designs, details and procedures for performance of the specified work as are sufficient to enable the Company (acting reasonably) to satisfy itself as to the safety and security of the Company cables and the technical adequacy of the specified work, such designs, details and procedures must as a minimum include—

  1. (a)

     construction methods and programmes;

  2. (b)

     vessel handling and positioning systems;

  3. (c)

     stabilisation details;

  4. (d)

     details of the vertical and horizontal separation between the Company cables and the undertaker cables;

  5. (e)

     details of the proposed protection measures for the Company cables and provision of such protective works (whether temporary or permanent) as the Company may reasonably require for the safety and operation of the Company cables;

  6. (f)

     the proposed timetable for the work;

  7. (g)

     location, layout and profile of the crossing of the Company cables by the undertaker cables;

  8. (h)

     specification of the installation equipment;

  9. (i)

     inspection and safety methods; and

  10. (j)

      trenching/cable burial details;

• “North Hoyle wind farm” means the offshore wind farm operated by the Company to the north east of Work No. 2, the location of which is shown on Sheet No. 2 of the works plans;

• “specified work” means works for the construction of so much of Work No. 2 as is within 250 metres of the Company cables or any operation required to re-lay, maintain, renew or remove the undertaker cables within 250 metres of the Company cables if such work becomes necessary for any reason, including survey works (other than survey works that do not involve physical interaction with the seabed);

• “standard of a reasonable and prudent operator” means seeking in good faith to perform its contractual obligations, and in so doing and in the general conduct of its undertaking, exercising that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances and complying with applicable law; and

• “undertaker cables” means the subsea cable circuits to be installed by the undertaker as part of Work No. 2.