LIFFEY RESERVOIR ACT, 1936

13.—IN the event of any extreme or immediate danger of catastrophe arising from any cause either to the Reservoir and/or to the works of the Corporation and/or to the works of the Board, which may render it imperative in the opinion of the Board to lower the level of the water in the Reservoir below the low water level hereinbefore fixed, and to do so with such speed that to get the previous consent of the Corporation would involve undue risk the Board may take such steps as may be necessary to lower the level of the said waters in the Reservoir, giving such reasonable and, if possible, previous notice in writing to the Corporation, as the circumstances of emergency and danger may in the opinion of the Board reasonably permit.

14.—IN the event of any emergency arising (other than an emergency provided for in Clause 13 hereof) such as to render it necessary to lower the level of the water in the Reservoir below low water level, then the Board may (or if the request comes from the Corporation, shall) take such steps to lower the level of the water to such extent as may be necessary PROVIDED ALWAYS that should the Board desire the level to be so lowered it shall first notify and shall consult with the Corporation and obtain their consent and similarly if the Corporation shall require the level to be so lowered it shall first notify and shall consult with the Board and obtain their consent and in the event of a disagreement taking place between the parties as to such lowering, either party shall be at liberty to summon forthwith on twenty-four hours' notice to the other, a meeting of the Arbitration Tribunal as is provided in Clause 25 hereof PROVIDED ALWAYS and it is hereby agreed and declared that a necessity on the part of the Board to generate electrical power shall not be deemed to be an emergency within the meaning of this clause. In the event of the level of the waters in the Reservoir being lowered as provided by Clause 13 or 14 the party responsible for the execution of the necessary works shall with all possible speed carry out at its own expense such works as may be necessary to permit the Reservoir to be refilled to low water level.

15.—THE Reservoir and dam, and all works ancillary thereto (save only the Corporation intake) shall be and remain the property of the Board, who shall maintain, regulate and operate the same and the Corporation shall be indemnified by the Board against any liability arising out of the construction and maintenance of the Reservoir, dam and ancillary works of the Board, and in respect of the withdrawal by the Corporation of water from the Reservoir, including liability to any riparian owner, mill owner or other person having water or fishing rights. The Board shall from time to time take all necessary steps to keep the Reservoir in order and repair but this clause shall not imply any liability upon the Board to carry out works solely for the purpose of keeping the water free from pollution. The Corporation shall however have no claim against the Board for compensation in the event of any injury or damage occurring to the Reservoir by which an escape or loss of water may occur. The Corporation shall have access to the Reservoir at all times and shall have the right after consultation with the Board to take such measures as may be reasonably necessary but at the expense of the Corporation, to prevent the pollution of the waters therein.

16.—SAVE to the extent of carrying out the sanitary works hereinbefore specified during construction of the Reservoir, the Board shall be under no responsibility to the Corporation for the sanitary condition or nature of the water in the Reservoir, nor for keeping the same clean or fit for drinking.

17.—THE Board shall be at liberty to instal in the power station of the Board and for the purposes of generation of electricity such turbines and generating plant and machinery generally as it may from time to time desire, without the approval of, or consultation with the Corporation. The Board shall be at liberty to operate such power plant in whatever manner it may deem necessary or desirable, and shall be at full liberty to make use of the storage water between top and low water levels for the operation of the said plant, in such manner as it may think necessary or desirable PROVIDED ALWAYS that the Board shall not be under any liability to the Corporation in the event of the said water level being lowered through any accident to the Board's said plant.

18.—THE Corporation shall pay to the Board as a contribution by the Corporation to the expenses of the construction of the Reservoir by the Board the sum of one hundred and twenty-six thousand pounds (£126,000), which sum shall be payable as to the sum of sixty-three thousand pounds forthwith upon the Board furnishing to the Corporation a certificate in writing by the Board that that sum has been expended by the Board on the works referred to in this Agreement or on acquisition of lands, and the balance of £63,000 shall be payable on certificate of the Board that the first development has been completed. The said payment of £126,000 to be made by the Corporation shall be accepted by the Board in full and complete discharge of all liabilities whatsoever immediate and future of the Corporation in connection with the construction, maintenance and operation of the Reservoir and of the right to the withdrawal of water therefrom by the Corporation in any quantity not exceeding 20,000,000 gallons per day PROVIDED ALWAYS that should the Board find it necessary (pursuant to its power on that behalf contained in Clause 20 hereof) to abandon the creation of the Reservoir, the Corporation shall be liable to pay and shall pay to the Board such sum and such sum only as shall be equal to one-half of the net expenditure (after disposal of the lands and realisation of other property acquired for the purposes of creating the Reservoir) which shall actually have been incurred by the Board to the date of such abandonment or the sum of £126,000, whichever shall be the lesser sum, and in such event should the Corporation have already paid to the Board a larger sum the Board shall refund the excess to the Corporation.

19.—NOTHING in this agreement shall be deemed to imply any liability on the part of the Board to the Corporation in the event of the supply of water available to the Reservoir when constructed not being sufficient for any of the purposes or objects aforesaid.

20.—THE Board shall be under no liability to the Corporation in the event of its being found that for any natural reasons defects in the soil, faults in the rock, or other causes of a similar nature or otherwise, the erection and maintenance of the Reservoir should prove impracticable.

21.—(i) THE Board shall be at liberty to carry out all or any of the works herein specified by Contractors or Sub-Contractors.

• (ii) THE Board and the Corporation, respectively, may exercise all or any of the powers and discretions hereby conferred on or reserved to them, respectively, through their respective engineers, viz., the City Engineer and the Board's Chief Engineer for Civil Works or his substitute (appointed by resolution of the Board) for the time being:

• (iii) NOTICE to be served by the Corporation upon the Board under this Agreement shall be served at the Principal Office of the Board. Notices to be served by the Board upon the Corporation under this Agreement shall be served at the City Hall, Dublin.

22.—NOTHING contained in this Agreement shall be deemed to preclude the Corporation at any time hereafter from acquiring the right by agreement with the Board to withdraw water from the Reservoir above the maximum quantity of twenty million gallons a day.

23.—ANY consent to be given under this Agreement by the Corporation may be given under the hand of the City Engineer, and any consent to be given under this Agreement by the Board may be given under the hand of the Board's Chief Engineer for Civil Works for the time being:

24.—WHERE a party (hereinafter called the first party) to this Agreement claims that the other party (hereinafter called the second party) to this Agreement is liable to pay damages or compensation to the first party in respect of any breach, omission, neglect or otherwise of the second party of any of the terms and stipulations of this Agreement, the first party shall notify the second party in writing of such claim within one calendar month of the date upon which the first party became aware or should with reasonable diligence have become aware of such claim, and should the first party fail so to notify the second party, the first party shall be deemed to have waived and abandoned such claim PROVIDED ALWAYS that where the claim arises out of continuing circumstances, one such notification shall be deemed sufficient.

25.—SHOULD any dispute arise as to this Agreement or as to the true construction thereof or as to any matter or thing done or to be done thereunder, or as to the rights, obligations and duties of the parties hereto or either of them otherwise howsoever arising out of this Agreement, such dispute shall be submitted for arbitration by the parties to the President for the time being of the Institution of Civil Engineers of Ireland or to such other person as may be nominated in writing by the said President. The decision of such arbitrator shall be final and binding in all respects. The provisions of the Common Law Procedure (Ireland) Amendment Act, 1856, and of any Act replacing, amending or extending the same, shall apply to such arbitration and the award thereof:

IN WITNESS whereof the Corporation and the Board have ______ hereunto caused their respective Seals to be hereunto affixed the day and year first herein written:

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