SCHEDULE 9Protective provisions
PART 2For the protection of Dŵr Cymru Cyfyngedig (DC)
Suspension of works
16.
(1)
DC is entitled to instruct the undertaker to suspend the relevant works if in DC’s reasonable and proper opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DC apparatus. In the event of such instruction being given by DC—
(a)
the undertaker must procure that it and its contractor(s) and subcontractor(s) shall forthwith suspend or cease the works having due regard to health and safety factors and shall discuss and agree with DC the remedial actions required prior to resuming the works;
(b)
the undertaker and DC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;
(c)
DC must submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;
(d)
in the event that DC fails to supply the written notice within 5 days of suspension DC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works; and
(e)
DC must commence, carry out and complete any remedial works pursuant to sub-paragraph 16(1), as soon as reasonably practicable and DC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker is entitled to resume the works.
(2)
DCC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 16.