Paragraph 12 IndemnificationI1

The undertaker must, in relation to the carrying out of the highway works, take such precautions for the protection of public and private interests as would be incumbent upon it if it were the highway authority and must indemnify Highways England from and against all costs expenses, damages, losses and liabilities arising from or in connection with or ancillary to any claim, demand, action or proceedings resulting from the design, carrying out or maintenance of the highway works, including but without limitation on the scope of this paragraph any claim against Highways England under the Land Compensation Act 1973^f1 or by virtue of the application of the provisions of the Noise Insulation Regulations 1975^f2, including any liability falling upon Highways England by virtue of its exercising its discretionary powers under the said Regulations.