SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Indemnity

71.—(1) The undertaker must indemnify National Highways from and against all costs, claims, expenses, damages, losses and liabilities directly suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 30 days of demand provided that—

(a)National Highways notifies the undertaker upon receipt of any claim; and

(b)National Highways notifies the quantum of the claim to the undertaker in writing.

(2) The indemnity provided by this clause shall not apply in respect of any cost, expense, damage, loss and/or liability which may arise out of or be incidental to any negligent or defective act, default or omission on the part of National Highways, its agents, workmen or employees.