SCHEDULE 4PROTECTIVE PROVISIONS

PART 4PROTECTION OF DŴR CYMRU CYFYNGEDIG

Suspension of works7

1

DCC may instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractors or sub-contractors in carrying out the works, have caused or are likely to cause damage to—

a

any DCC apparatus; or

b

the environment, arising as a result of damage to DCC apparatus.

2

If DCC gives such an instruction—

a

the undertaker must—

i

procure that it and its contractors and sub-contractors immediately suspend or cease the works, having due regard to health and safety factors; and

ii

discuss and agree with DCC the remedial actions required before resuming the works;

b

the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required before resuming the works;

c

DCC must submit to the undertaker within 3 days after giving the instruction a written notice specifying the reasons for requiring the works to be suspended;

d

in the event that DCC fails to submit the written notice mentioned in paragraph (c) within 5 days after giving the instruction, the instruction is void and the undertaker may recommence the works;

e

DCC must—

i

commence, carry out and complete any remedial works agreed under this sub-paragraph as soon as reasonably practicable; and

ii

give the undertaker notice immediately on completion of the remedial works; and

f

on receipt of the notice mentioned to in paragraph (e)(ii), the undertaker may resume the works.

3

The undertaker must pay to DCC the reasonable costs of all remedial works undertaken in accordance with this paragraph.