27.—(1) The undertaker must repay to the Agency all costs, charges, expenses, damages and losses not otherwise provided for in this Part of this Schedule which may be reasonably incurred or suffered by the Agency by reason of—E+W+S
(a)the examination or approval of plans under this Part of this Schedule;
(b)the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule;
(c)the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works; or
(d)any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the authorised development or dealing with any failure of the authorised development.
(2) The fact that any act or thing may have been done—
(a)by the Agency on behalf of the undertaker; or
(b)by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Agency, or in a manner approved by the Agency, or under its supervision or the supervision of its duly authorised representative,
does not excuse the undertaker from liability under the provisions of this paragraph.
(3) Nothing in sub-paragraph (2) imposes any liability on the undertaker with respect to any costs, charges, expenses, damages or losses to the extent that they are attributable to the act, neglect or default of the Agency, its officers, servants, contractors or agents.
(4) The Agency must give the undertaker written notice of any such claim or demand as is referred to in sub-paragraph (1) as soon as it becomes aware of such claim or demand, and no settlement or compromise of any such claim or demand is to be made without the prior consent of the undertaker, such consent not to be unreasonably conditioned, withheld or delayed.
Commencement Information
I1Sch. 9 para. 27 in force at 22.12.2017, see art. 1