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84. The Proximity Agreement must be based on the Plan of the Licensees’ Works and the Plan of the Undertakers’ Works and must take account of—
(i)the nature and location of the Licensees’ Works on any Plan of the Licensees’ Works as known at that time
(ii)the location and extent of sea required for the Licensees’ Works (including all applicable exclusive zones) on any Plan of the Licensees’ Works as known at that time
(iii)all such evidence as is available at the time to support the existence of an oil and gas prospect within the Protected area
(iv)the ability of the Licensees to reduce or remove its sea area requirement under (ii) above in light of evidence at (iii) above, whether with immediate effect or at a specified later date
(v)the date by which the Licensees will seek to commence exploitation, or at which works of exploration, will cease as known at that time
(vi)the siting and design of the Undertakers’ Works on any Plan of the Undertakers’ Works as known at that time
(vii)the minimum feasible exclusive zones, buffer zones or safety zones required for safe construction and operation between the Undertakers’ Works and the Licensees’ Works
(viii)protocols protective of navigation communication and use of the sea by third parties
(ix)possible future transfer of the benefit of the Order or of the Licence
(x)the desirability of co-existence and the ongoing commercial viability of the authorised development permitted under the Order together with exploration for and commercial exploitation of oil and gas within the Protected area
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