The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

Indemnity

7.  The undertaker must indemnify the highway authority from and against all costs, expenses and liabilities arising from or in connection with or ancillary to any claim, demand, action or proceedings resulting from the design, carrying out and maintenance of the highway works including but without limitation on the scope of this paragraph any claim against the highway authority under the Land Compensation Act 1973(1) or by virtue of the application of the provisions of the Noise Insulation Regulations 1975(2), including any liability failing upon the highway authority by virtue of its exercising its discretionary powers under the said Regulations provided that—

(a) the foregoing indemnity must not extend to any costs, expenses, liabilities and damages caused by or arising out of the neglect or default of the highway authority or its officers servants, agents or contractors or any person or body for whom the highway authority is responsible;

(b) the highway authority must notify the undertaker straight away upon receipt of any claim;

(c) the highway authority must not accept any such claim without first having given the undertaker details of such claim and having given the undertaker the opportunity to make representations to the highway authority as to the validity and quantum of such claim;

(d) the highway authority must, in settling any such claim, give full and due regard to any representations made by the undertaker in respect of the claim;

(e) the highway authority must, following the acceptance of any claim, notify the quantum of the claim to the undertaker in writing and the undertaker must within 14 days of the receipt of such notification pay to the highway authority the amount specified as the quantum of such claim;

(f) the undertaker must notify the highway authority of the intended date of opening of each phase of the highway works to public traffic not less than 14 days in advance of the intended date; and

(g) the undertaker must notify the highway authority of the actual date that each phase of the highway works are open to public traffic on each occasion within 14 days of that occurrence.

(1)

1973 c. 26.

(2)

S.I. 1975/1763, amended by S.I. 1988/2000.