Required drafting (see Section 3.3 of the Defra Derogations Guidance) as follows:87

42.1 The Contractor shall use reasonable endeavours to prevent Protester Action affecting the Site(s) and/or the Facility including for the avoidance of doubt providing appropriate security and security fencing, an appropriately manned weighbridge and providing reasonable additional security measures in the event that and for so long as there are reasonable grounds for believing that a higher risk of Protester Action persists.

42.2 Notwithstanding the provisions of Clause 42.1 above, in the event Protester Action arises at or around the Site(s) and/or the Facility or on the access road to the Site(s) and/or the Facility the Contractor shall take such actions as are reasonable, proportionate and lawful to deal with Protester Action and where necessary shall co-operate with the emergency services.

42.3 Save to the extent provided in limb (g) of the definition of Relief Events and Clause 40 (Relief Events), the Contractor shall be responsible for the consequences of any delays or disruption consequent upon any Protester Action.

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87 Protester Action may be treated as project specific, for example, where it is not possible to secure a private road.