Paragraph 6 Damages, costs and indemnificationI1

England and Wales

(1)

Subject to the following provisions of this paragraph, the undertaker shall-

(a)

reimburse to the COL all costs and expenses reasonably and properly incurred by it (the amounts of which are to be agreed between the COL and the undertaker in advance of expenditure) in—

(i)

responding to any submission submitted to it in accordance with paragraph 3(2) or 3(6),

(ii)

conducting any inspection or monitoring in accordance with paragraph 5(1), or

(iii)

remedying any damage to a bridge caused by the carrying out of, or in consequence of the specified works or any works carried out in accordance with the foregoing paragraphs;

(iv)

altering, reconstructing or maintaining the bridges under any powers existing at the time of the making of this Order, where necessitated by the specified works, provided that 28 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker;

(b)

be responsible for, and make good to the COL, all reasonable costs, charges, damages and expenses not otherwise provided for in this Part which may be occasioned to, or reasonably and properly incurred by, the COL by reason of damage to a bridge or interference or obstruction to the use or operation of a bridge caused by or in consequence of-

(i)

the construction of the specified works or the failure thereof, or

(ii)

any act or omission of the undertaker or any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works; and

(c)

indemnify the COL from and against all such claims and demands arising out of, or in connection with, the construction of the specified works or any such failure, act or omission as referred to in sub-paragraph (1)(b).

(2)

The fact that any act or thing may have been done in accordance with the settled submissions, shall not (if it was not attributable to the act, neglect or default of the COL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part.

(3)

Nothing in this Part shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the COL or its servants, contractors or agents or any liability on the COL with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

(4)

The undertaker’s liability to indemnify the COL pursuant to sub-paragraph (1)(c) may be limited to a sum to be agreed between the COL and the undertaker.

(5)

In no circumstances shall the undertaker be liable to the COL under or in connection with this Part for indirect or consequential loss (including loss of profit) howsoever arising.

(6)

The COL shall at all times take all reasonable steps to prevent and mitigate any cost, loss, claim or liability (whether indemnified or not) which it suffers as a result of the undertaker’s negligence or breach of this Part.

(7)

The COL shall give to the undertaker reasonable notice of any claim or demand to which sub-paragraph (1)(c) applies and shall not compromise or settle any such claim or demand without the prior consent of the undertaker, such consent not to be unreasonably withheld or delayed.

Annotations

Commencement

I1: Sch. 16 Pt. 7 para. 6 in force at 24.9.2014, see art. 1