Paragraph 16 I1

England, Wales and Scotland

(1)

The Harbour Authority shall be responsible for and make good to the PLA all financial costs or losses not otherwise provided for in this Schedule which may reasonably be incurred or suffered by the PLA by reason of—

(a)

the construction or operation of the authorised works or the failure of the authorised works;

(b)

anything done in relation to a mooring or buoy pursuant to paragraph 8; or;

(c)

any act or omission of the Harbour Authority, its employees, contractors or agents or others whilst engaged upon the construction or operation of the authorised works or dealing with any failure of the authorised works;

and the Harbour Authority shall indemnify the PLA from and against all claims and demands arising out of or in connection with the authorised works or any such failure, act or omission.

(2)

The fact that any act or thing may have been done—

(a)

by the PLA on behalf of the Harbour Authority; or

(b)

by the Harbour Authority, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative;

shall not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the Harbour Authority from liability under the provisions of this paragraph.

(3)

The PLA shall give the Harbour Authority reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand shall be made without the prior consent of the Harbour Authority.

Annotations

Commencement

I1: Sch. 8 para. 16 in force at 16.5.2008, see art. 1