1. The provisions of this Part have effect for the protection of ConocoPhillips unless otherwise agreed in writing between the undertaker and ConocoPhillips.E+W+S
Commencement Information
I1Sch. 12 Pt. 10 para. 1 in force at 7.9.2016, see art. 1(2)
2. In this Part—E+W+S
“ConocoPhillips” means ConocoPhillips (U.K.) Limited (company number 00524868);
“pipeline” means the condensate pipeline running from the ConocoPhillips Theddlethorpe Gas Terminal to the Humber Oil Refinery, operated by ConocoPhillips on behalf of the pipeline owners and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-lines Act 1962;
“relevant undertaker” means—
in relation to works which are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind;
in relation to works which are Project B works or associated development or ancillary works relating to Project B works, Breesea; and
in relation to works which are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea.
Commencement Information
I2Sch. 12 Pt. 10 para. 2 in force at 7.9.2016, see art. 1(2)
3. Not less than 28 days before commencing any part of the authorised development or the operation of the authorised development that is near to and would or may have an effect on the operation and maintenance of the pipeline and access to it, the relevant undertaker must submit to ConocoPhillips plans and sections of the proposed works and such further particulars as ConocoPhillips may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.E+W+S
Commencement Information
I3Sch. 12 Pt. 10 para. 3 in force at 7.9.2016, see art. 1(2)
4. No works comprising any part of the authorised development or the operation of the authorised undertaking which would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipeline and access to it may be commenced until plans and sections in respect of the works submitted under paragraph 3 have been approved by ConocoPhillips.E+W+S
Commencement Information
I4Sch. 12 Pt. 10 para. 4 in force at 7.9.2016, see art. 1(2)
5. Any approval of ConocoPhillips required under paragraph 4 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as ConocoPhillips may require to be made for—E+W+S
(a)the continuing safety and operational viability of the pipeline; and
(b)the requirement for ConocoPhillips to have uninterrupted and unimpeded access to the pipeline at all times.
Commencement Information
I5Sch. 12 Pt. 10 para. 5 in force at 7.9.2016, see art. 1(2)
6.—(1) Subject to sub-paragraphs (2) and (3), if, by reason or in consequence of the construction of any of the works referred to in paragraph 3, any damage is caused to any apparatus or property of ConocoPhillips, or there is any interruption in any service provided, or in the supply of any goods, by ConocoPhillips, the relevant undertaker must—E+W+S
(a)bear and pay the cost reasonably incurred by ConocoPhillips in making good such damage or restoring the supply; and
(b)make reasonable compensation to ConocoPhillips for any other expenses, loss, damages, penalty or costs incurred by ConocoPhillips,
by reason or in consequence of any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the relevant undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of ConocoPhillips, its officers, servants, contractors or agents.
(3) ConocoPhillips must give the relevant undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the relevant undertaker, which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Commencement Information
I6Sch. 12 Pt. 10 para. 6 in force at 7.9.2016, see art. 1(2)
7. Any dispute arising between the undertaker and ConocoPhillips under this Part must be determined by arbitration as provided in article 41 (arbitration).E+W+S
Commencement Information
I7Sch. 12 Pt. 10 para. 7 in force at 7.9.2016, see art. 1(2)