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Paragraph 37

Original text. Later amendments are not shown.

(1)

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

(a)

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

(b)

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

(c)

any flooding or increased flooding of any such land,

that is caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2)

Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage the extent to which is attributable to the act, neglect, or default of the drainage authority or the breach of a statutory duty of the drainage authority, its officers, servants, contractors or agents.

(3)

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