91.—(1) Regardless of any provision in this Order or anything shown on the land plans or if the Order applies to any interest in any land in which the Exolum operations are placed or over which access to the Exolum operations is enjoyed—
(a)the undertaker must not, otherwise than in accordance with terms of this Order including any approval given under this Part—
(i)obstruct or render less convenient the access to the Exolum operations;
(ii)interfere with or affect the Exolum operations or Exolum’s ability to carry out its functions including operating its pipeline and its terminal by way of the creation of restrictive covenants or otherwise;
(iii)require that the Exolum operations are relocated or diverted; or
(iv)remove or require to be removed any Exolum operations; and
(b)any right of Exolum to access the Exolum operations shall not be extinguished until any necessary alternative access has been provided to the reasonable satisfaction of Exolum.
(2) Where the undertaker takes temporary possession of any land or carries out survey works on land in respect of which Exolum has an easement, right, operations, assets or other interests (together “Exolum’s rights”)—
(a)where Exolum’s rights do not provide or require access over, in or under the Order limits, there is no restriction on the exercise of such rights;
(b)where Exolum’s rights do provide or reasonably require access in, on or under the Order limits, Exolum may exercise those rights where reasonably necessary—
(i)in an emergency without notice; and
(ii)in non-emergency circumstances having first given the undertaker prior written notice in order to allow the parties to liaise over timing and co-ordination of their respective works during the period of temporary possession; and
(c)subject to paragraph (b) the undertaker shall not extinguish Exolum’s rights, unless in accordance with the provisions of this Order.