Paragraph 26 I1

England, Wales and Scotland

(1)

Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

(a)

any damage to any drainage work;

(b)

any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or

(c)

any flooding or increased flooding of any such lands,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2)

The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

Annotations

Commencement

I1: Sch. 9 para. 26 in force at 7.12.2022, see art. 1