The Awel y Môr Offshore Wind Farm Order 2023

[F1 160.]   The undertaker is responsible for the recovery or removal and when appropriate the marking or lighting of any wreck or debris arising from or relating to or in connection with carrying out any part of the specified work when required by— E+W

(a) any applicable law or governmental authority;

(b) any applicable consent or third party agreement that the Company is subject and/or a party to; or

(c) where such wreck or debris is interfering with the Company’s operations or is a hazard to fishing or navigation,

and must be liable for, and must indemnify and hold harmless the Company, from and against any and all claims, proceedings, damages (whether in contract or tort), costs (including reasonable legal costs), demands, liabilities, or expenses incurred by the Company which arises out of or in connection with any such wreck or debris, whether or not the negligence or breach of duty (whether statutory or otherwise) of the Company contributed to such wreck or debris.

Textual Amendments

F1 Sch. 9 para. 161 renumbered as Sch. 9 para. 160 (17.7.2024) by The Awel y Môr Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/799), art. 1, Sch.