SCHEDULES
SCHEDULE 9PROTECTIVE PROVISIONS
PART 6FOR THE PROTECTION OF HIGHWAYS ENGLAND
Indemnification
69
1
The undertaker must indemnify Highways England from and against all costs, expenses, damages, losses and liabilities suffered by Highways England arising from or in connection with any claim, demand, action or proceedings resulting from—
a
the construction or maintenance of a specified work; and
b
the placing or presence in or under the highways of the pipeline being constructed as part of the authorised development,
provided that Highways England notifies the undertaker upon receipt of any claim and following the acceptance of any claim notifies the quantum of the claim to the undertaker in writing.
2
Within 30 days of the receipt of the notification referred to in sub-paragraph (1) the undertaker must pay to Highways England the amount specified as the quantum of such claim.
3
Sub-paragraphs (1) and (2) do not apply if the costs, expenses, liabilities and damages were caused by or arose out of the neglect or default of Highways England or its officers, servants agents or contractors or any person or body for whom it is responsible.