SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF RAILWAY INTERESTS

Interpretation

schedule 14 paragraph 37 + 37.  The undertaker must repay to the Company all reasonable fees, costs, charges and expenses properly and reasonably incurred by the Company—

schedule 14 paragraph 37 a + (a)in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 32(3) or in constructing any protective works under the provisions of paragraph 32(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

schedule 14 paragraph 37 b + (b)in respect of the reasonable approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;

schedule 14 paragraph 37 c + (c)in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work;

schedule 14 paragraph 37 d + (d)in respect of any special traffic working resulting from any speed restrictions which may in the reasonable opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

schedule 14 paragraph 37 e + (e)in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work.