1.—(1) The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Agency.
(2) In this Part—
“1973 Transfer Rights” means a right of way over parts of plots 1, 30 and 31 (as shown on the land plans) pursuant to a transfer dated 19 January 1973 as detailed in registered title number MX410055;
“Agency” means the Environment Agency.
2. The undertaker must not in the exercise of the powers conferred by this Order unreasonably prevent the Agency’s access to and use of the dosing station adjacent to Salmon’s Brook in the vicinity of the southern entrance to the Edmonton EcoPark except where construction and operation of the authorised development reasonably requires interference with or obstruction of the free, uninterrupted and safe use of the 1973 Transfer Rights in which case a suitable alternative access must be agreed with the Agency and provided prior to and for the duration of any such interference.
3. Any difference or dispute arsing between the undertaker and the Agency under this Part must, unless otherwise agreed in writing between the Agency and the undertaker, be referred to and settled by arbitration under article 34 (arbitration).