Paragraph 40 I1

In the event that there is any inconsistency between the obligations of the Company arising from this Part of this Schedule and the Deed, the obligations arising under the Deed shall prevail and, accordingly, the Company shall comply only with the obligations arising under the Deed.

In this paragraph, “the Deed” means the Deed entered into on 15 October 2004 between the Company, the Harwich Haven Authority, the Agency and English Nature relating to Bathside Bay Container Terminal, Little Oakley Managed Realignment and the Conservation (Natural Habitats &c.) Regulations 1994^f1.