117.—(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.