Paragraph 14 IndemnityI1

Any liability of the promoter under paragraph 13 shall be reduced proportionately to the extent to which any costs, charges, damages and expenses are attributable to the act, neglect or default of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents.

The engineer shall give to the promoter immediate notice of any claim or demand described in paragraph 13 and no settlement or compromise of the claim or demand shall be made without the consent of the promoter which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

In the assessment of any sums payable to Blackpool Borough Council or the operator under this Part there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Blackpool Borough Council or the operator if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the promoter under this Part or increasing the sums so payable.

The engineer shall, on receipt of a request from the promoter, from time to time provide the promoter free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part and with such information as may reasonably enable the promoter to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part.