Paragraph 61 I1

The following provisions will apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

In this part of this Schedule—

• “the Agency” means the Environment Agency;

• “emergency” means a situation which—

  1. (a)

     is unexpected, in that there is little or no warning, or aspects of the event could not have reasonably been predicted in advance;

  2. (b)

     is a serious event presenting a risk of harm or damage to people, property or the environment; and

  3. (c)

     requires a need for urgent action, in that immediate action is required to address the risk of harm, repair or prevent a worsening of the situation; and

• “relevant watercourse” means so much of the River Etherow as the context requires.