SCHEDULE 10Protective provisions

PART 9Protection of CF Fertilisers UK Limited

Expenses117

1

Notwithstanding anything to the contrary in this Part of this Schedule, the undertaker shall not be liable for any consequential loss or indirect loss suffered by CF Fertilisers as a result of the construction of the authorised development and CF Fertilisers shall not be liable for any consequential loss or indirect loss suffered by the undertaker as a result of the construction of the authorised development.

2

CF Fertilisers must-

a

give the undertaker reasonable written notice of any such sums referred to in paragraph 116 as soon as reasonably possible after CF Fertilisers become aware of the same;

b

not make any offers to settle claims or demands without the prior consent of the undertaker;

c

take all reasonable steps to mitigate any liabilities; and

d

keep the undertaker informed and have regard to the undertaker’s representations in relation to any such sums referred to in paragraph 116.