Paragraph 9 I1

England and Wales

(1)

Without prejudice to the other provisions of this Part of this Schedule, the undertaker shall indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which 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 works or any sewers, drains and watercourses;

(c)

any flooding or increased flooding of any such lands;

(d)

any damage to the fishery;

(e)

inadequate water quality in any watercourse or other surface waters or in any groundwater,

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

(2)

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

Annotations

Commencement

I1: Sch. 12 Pt. 1 para. 9 in force at 28.11.2014, see art. 1