# The Able Marine Energy Park Development Consent Order 2014, Paragraph 44

Extent: E+W+S

(1) The undertaker must pay to Network Rail all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably and properly incurred by Network Rail—
(a) by reason of the construction, working or maintenance of a specified work, or the failure of such a work; or
(b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work,
and the undertaker must indemnify Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision must not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.
(2) Network Rail must give the undertaker reasonable notice of any claim or demand arising out of or in connection with a specified work or any failure act or omission mentioned in sub-paragraph (1) and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.
(3) The sums payable by the undertaker under sub-paragraph (1) may include a sum equivalent to the relevant costs.
(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.
(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs will, in the event of default, be enforceable directly by any train operator concerned to the extent that the relevant costs would be payable to that operator under sub-paragraph (4).
(6) In this paragraph—
“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and
“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

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Source: https://www.legislation.gov.uk/uksi/2014/2935/schedule/9/paragraph/44 (the official version)
Page: https://openlegislation.uk/able-marine-energy-park-development-consent-order-2014/schedule-9/paragraph-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.