Section 2: The indemnity
The applicant/Licencee (as detailed and signed below) hereby agrees to indemnify and hold harmless East Sussex Highways acting on behalf of East Sussex County Council (ESH) their officers and agents (who shall have no duty to mitigate) against all losses, expenses, costs, charges, expenses, liabilities, fees and fines, damages, injury, claims, actions, proceedings, demands and judgments whatsoever arising in any manner howsoever caused in respect of, but in no way limited to, the following:
- the placing or presence on the highway of the scaffolding structure and works associated with the Licence including but not limited to the transportation, erection, dismantling and / or use of the equipment whether by means of a defect (latent or otherwise) in the equipment or by an act or omission of the applicant/Licencee, its officers, its servants or its agents;
- the execution by any person of any works associated with the Licence; and
- any personal injury or death of any person or persons,
save to the extent that the same is directly caused by or directly arises from the negligence, breach of Licence or law by East Sussex Highways.
For the purposes of this indemnity “the equipment” means any scaffolding, equipment, machinery or load which is or was, at the time of any scaffolding operation on the highway in ESH’s administrative area, the responsibility of the applicant/Licencee or being used by the applicant/Licencee, its officers or its agents, for any such scaffolding operation.
The above indemnity shall be in force from the date of the signature below and will apply for the duration of the placing and presence of and/or use of the scaffold structure, works and/or the equipment on the highway. The indemnity will end one (1) month after the removal of ALL of the equipment from the highway. The applicant/Licencee undertakes to give ESH advance notice of any proposed scaffolding operation on any highway in ESH’s administrative area.
The applicant/Licencee undertakes to maintain public liability insurance of at least ten million POUNDS (£10,000,000) for any one claim or series of claims arising from the same event with a reputable insurance company and to produce a copy of the policy and evidence of payment of premium as and when requested from time to time by East Sussex Highways.