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12. For the protection of sewerage undertakers (in this article referredto as“the undertakers”) the following provisions shall, unless otherwise agreed in writingbetween the Company and the undertaker concerned, apply and haveeffect:—
(1) In this article,“relevant pipe” in relation to an undertaker has the meaning given in paragraph 1of Schedule 19 to the Water Act 1989(1).
(2) Nothing in section 18 of the Act of 1845 in its application to therailway shall authorise the Company to raise, sink or otherwise alterthe position of, or in any way to interfere with, any relevant pipewithout the consent in writing of the undertaker concerned, such consentnot to be unreasonably withheld.
(3) Subject to paragraph below, where any relevant pipe is situated inor under any land owned or held for the purposes of the railway theCompany shall at their own expense maintain all culverts over suchrelevant pipe which are in existence at the coming into force of thisOrder so as to leave the relevant pipe accessible for the purposes ofrepairs.
(4) Nothing in paragraph (3) above shall have the effect of requiringthe Company to carry out works of maintenance in respect of any culvertwhich the undertakers or any other person are liable to maintain.
(5) The Company shall afford reasonable facilities to the undertakersfor the execution and doing of all such works and things as may bereasonably necessary to enable them to inspect, repair, maintain, renew,replace, remove, alter or use any relevant pipe.
(6) The Company shall compensate the undertakers:—
(a)for any damage done or disturbance caused to any relevant pipe; and
(b)for any other expenses, loss, damage, penalty or costs incurred bythe undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order;
Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
(7) Nothing in this Order shall prejudice or affect the provisions ofany enactment or agreement regulating the relations between the Companyand the undertakers with regard to any relevant pipe laid or erected inthe railway at the date upon which this Order comes into force.
(8) Subject to paragraph (7) above the provisions of the Act of 1845applied by this Order shall be subject to the provisions of thisarticle.
(9) Any difference arising between the Company and the undertakers underthis article shall be referred to and settled by arbitration.
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