{
  "url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-103",
  "json_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-103.json",
  "legislation": "uksi/2025/1054",
  "legislation_title": "The Gatwick Airport (Northern Runway Project) Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025",
  "path": "schedule/9/paragraph/103",
  "kind": "paragraph",
  "number": "103",
  "heading": "Damage to property and other losses",
  "text": "(1) Subject to the following provisions of this paragraph, the undertaker must make reasonable compensation to Esso—\n(a) for all loss, damage, liability, costs and expenses reasonably suffered or incurred by Esso for which Esso is legally liable as a result of legally sustainable claims brought against Esso by any third party solely arising out of the carrying out of any relevant works;\n(b) for the cost reasonably incurred by Esso in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any relevant works and the authorised development; and\n(c) for the cost reasonably incurred by Esso in stopping, suspending and restoring the supply through its pipe-line and make reasonable compensation to Esso for any other expenses, losses, damages, penalty or costs incurred by Esso by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works and the authorised development.\n(2) The fact that any act or thing may have been done by Esso on behalf of the undertaker or in accordance with a plan approved by Esso or in accordance with any requirement of Esso or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).\n(3) Irrespective of anything to the contrary elsewhere in this Part of this Schedule—\n(a) the undertaker and Esso must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense recoverable from the other under this Part of this Schedule; and\n(b) neither the undertaker nor Esso are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this Part of this Schedule or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.\n(4) Esso must give to the undertaker reasonable notice of any claim or demand to which this paragraph applies. If Esso agrees (such agreement not to be unreasonably withheld or delayed), the undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. Esso must not compromise or settle any claim or demand make any admission which might be prejudicial to the claim or demand without the undertaker’s consent (such consent not to be unreasonably withheld). Esso must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.\n(5) Nothing in this Part of this Schedule excludes or limit the liability of the undertaker for death or personal injury resulting from the negligence of the undertaker or any of its officers, employees or agents.\n(6) The total liability of the undertaker to Esso under this Part of this Schedule is not to exceed £15 million.\n(7) In this paragraph “relevant works” means such of the authorised development as—\n(a) does, will or is likely to affect any apparatus; or\n(b) involves a physical connection or attachment to any apparatus.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 103 in force at 12.10.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1054/schedule/9/paragraph/103",
    "retrieved_at": "2026-10-28T21:11:10.827794+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}