Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/13

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good such damage and pay to the railways board the reasonable costs and expenses to which they may be put, and reasonable compensation for any loss which they may sustain, by reason of-such damage, interference, delay or interruption:

(17) Before providing any illumination or illuminated traffic sign on or in connection with the specified works, or otherwise in the vicinity of any railway of the railways board, the Executive shall consult with the railways board and comply with their reasonable requirements with a view to ensuring that such illumination or illuminated sign could not be confused with any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway:

(18) (a) The Executive shall be responsible for and make good to the railways board all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to, or reasonably incurred by, the railways board—

(i) by reason of the construction or repair of the specified works or the failure thereof; or

(ii) by reason of any act or omission of the Executive or of any person in their employ or of their contractors or others whilst engaged upon the construction or repair of the specified works;

and the Executive shall indemnify the railways board from and against all claims and demands arising out of, or in connection with, the construction or repair of the specified works or any such failure, act or omission as aforesaid;

(b) The fact that any act or thing may have been done by the railways board on behalf of the Executive or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without neglect or default on the part of the railways board or of any person in their employ or of their contractors or agents) excuse the Executive from any liability under this paragraph;

(c) The railways board shall give to the Executive reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Executive:

(19) Any difference arising between the Executive and the railways board under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.

For the protection of British Waterways Board

15. For the protection of the British Waterways Board referred to as "the waterways board") the following provisions shall, unless otherwise agreed in writing between the Executive and the waterways board, apply and have effect:—

(1)In this section—


 * "the canal" means the Sheffield Canal and any works connected therewith for the maintenance of which the waterways board are responsible, and includes any lands held or used by the waterways board for the purposes of any canal;
 * "construction" includes placing, alteration and renewal;
 * "the engineer" means an engineer to be appointed by the waterways board;
 * "plans" includes sections, drawings and particulars;
 * "the specified works" means so much of any of the authorised works as is situated over or upon or abuts on or in any way affects the canal: