SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 7FOR THE PROTECTION OF THE RELEVANT NAVIGATION AUTHORITY

Indemnity

schedule 15 paragraph 113 + 113.—(1) Subject to the provisions of this paragraph 113, the undertaker agrees to indemnify the relevant navigation authority from and against such charges, claims, demands, damages, expenses, liabilities and losses, (together, “losses”) suffered or reasonably incurred by the relevant navigation authority to the extent that any losses are directly caused by—

schedule 15 paragraph 113 1 a + (a)the construction of a river work or a temporary river work; or

schedule 15 paragraph 113 1 b + (b)any act or omission of the undertaker or of its officers, employees, servants, contractors or agents whilst engaged in—

schedule 15 paragraph 113 1 b i + (i)the construction or carrying out of maintenance of the river work or a temporary river work; or

schedule 15 paragraph 113 1 b ii + (ii)seeking to remedy any failure of the river work or a temporary river work.

(2) The relevant navigation authority must mitigate any loss it may suffer or incur as a result of an event that may give rise to a claim under sub-paragraph (1) and must, if requested by the undertaker, provide an explanation of how any claim under the indemnity in sub-paragraph (1) has been mitigated.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any losses referred to in that sub-paragraph to the extent that they are—

schedule 15 paragraph 113 3 a + (a)attributable to the negligence or wilful misconduct of the relevant navigation authority or of its officers, employees, servants, contractors or agents; or

schedule 15 paragraph 113 3 b + (b)not within the reasonable control of the undertaker or of its officers, employees, servants, contractors or agents.

(4) The relevant navigation authority must give to the undertaker notice in writing of any losses for which the undertaker may be liable under this paragraph 113 as soon as reasonably possible and no settlement or compromise of them may be made without the prior written consent of the undertaker which, if it notifies the relevant navigation authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand shall be made without the consent of the relevant navigation authority (which shall not be unreasonably withheld). If consent is not given by the undertaker, the relevant navigation authority shall diligently defend such claim or demand.