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13. The promoter shall be responsible to Blackpool Borough Council and the operator (as appropriate) for all reasonable costs, charges, damages and expenses not otherwise provided for in paragraph 11 which may be occasioned to, or reasonably incurred by, Blackpool Borough Council or the operator (as appropriate)—
(a)by reason of the construction or maintenance of the specified works or the failure of the specified works; or
(b)by reason of any act or omission of the promoter or of any person in its employ or of its contractors whilst engaged in the construction or maintenance of the specified works,
and the promoter shall indemnify Blackpool Borough Council and the operator from and against all claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission; and the fact that any act or thing has been done in accordance with any requirement of the engineer or under the engineer’s supervision shall not (unless it was done as a result of negligence on the part of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents) excuse the promoter from any liability under the provisions of this paragraph.
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