Paragraph 10 I1

England and Wales

(1)

Without limiting the other provisions of this Part, the undertaker must indemnify and compensate the relevant drainage authority in respect of all reasonable claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by the relevant drainage authority by reason of—

(a)

the construction, operation or maintenance of any specified works or the failure of any such works comprised within them;

(b)

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

(c)

any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on upon the construction, operation or maintenance of the specified works or dealing with any failure of the specified works; and

(d)

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

(e)

any flooding or increased flooding of any such land.

(2)

The relevant drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise can be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

(3)

The fact that any work or thing may have been done by the undertaker in accordance with a plan approved or deemed approved by the relevant drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part.

Annotations

Commencement

I1: Sch. 14 Pt. 5 para. 10 in force at 9.5.2024, see art. 1