Article 9 Rudmore and Mill Wharves

The provisions of this article shall have effect except as may be otherwise agreed in writing between the Council and the Company— (1) Subject as provided in paragraph (2) below, before carrying out works which will or may obstruct the existing access for vessels to, or the use of, the Mill Wharf and Rudmore Quays of the Company, so long as that access or use is continued by the Company, the Council shall construct so much of the authorised works as will provide for the relocation of the berthing facilities available to the Company at those quays and for the discharge of oil to the Company’s existing tanks off Rudmore Road. (2) When the works to be constructed in accordance with paragraph (1) above have been completed, the Council shall, after giving due notice to the Company, proceed with completion of those works with all reasonable despatch, notwithstanding the obstruction thereby caused to the use of the Company’s quays, in accordance with such arrangements for the avoidance or mitigation of interference with the Company’s operations as may be agreed between the Council and the Company or in default of agreement, determined by arbitration. (3) On completion of so much of the authorised works as is referred to in paragraphs (1) and (2) above, the Council shall grant to the Company by lease under article 11 of this Order, such facilities as it may reasonably require for the berthing of vessels and the passage of persons and things between those vessels and the Company’s existing depot between Rudmore Road and Rudmore Square, and the Council may then proceed with the completion of the authorised works. (4) Any difference arising between the Council and the Company under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party after notice in writing to the other, by the President of the Institution of Civil Engineers.