Paragraph 36 I1

England, Wales and Scotland

(1)

Without prejudice to the other provisions of this Part of this Schedule, the Company shall indemnify the Agency against all claims, demands, proceedings, costs, damages or expenses or losses, which may be made or taken against, or recovered from or incurred by the Agency by reason of—

(a)

any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b)

any damage to the fishery;

(c)

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

(d)

any flooding or increased flooding of any such lands; or

(e)

inadequate water quality in any watercourse or other surface waters or in any groundwater,

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

(2)

The Agency shall give to the Company reasonable notice of any such claim, demand or proceedings and no settlement or compromise of any such claim, demand, proceedings, costs, damages, expenses or losses shall be made without the consent of the Company which shall not be unreasonably withheld.

Annotations

Commencement

I1: Sch. 3 para. 36 in force at 17.3.2010, see art. 1