Paragraph 96 InterpretationI1

England and Wales

(1)

Without affecting the other provisions of this Part of this Schedule, the undertaker must indemnify North East Lincolnshire Council from all claims, demands, proceedings, costs, charges, penalties, damages, expenses and losses, which may be made or taken against, recovered from, or incurred by, North East Lincolnshire Council by reason of—

(a)

any damage to any drainage work so as to impair its efficiency for flood defence or land drainage purposes;

(b)

any raising or lowering of the water table in land adjoining or affected by a specified work or adjoining any sewers, drains and watercourses;

(c)

any flooding, increased flooding or impaired drainage of any such lands as are mentioned in paragraph 93;

(d)

any claim in respect of pollution under the Control of Pollution Act 1974^f1;

(e)

damage to property including property owned by third parties; or

(f)

injury to or death of any person,

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

(2)

North East Lincolnshire Council 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.

Paragraph 96 InterpretationI1

Annotations

Commencement

Footnotes