CAP. 269]

Telephone

[1989 Ed.

17. Restriction on company interfering with works of others

When the company opens or breaks up any street it shall not remove, displace or interfere with any gas or water pipe or main or any drain or sewer or any tube, casing, wire or cable for the carriage of electrical current except with the previous consent of the owner thereof:

Provided that when any such owner refuses to give any such consent as aforesaid, it shall be lawful for the company to appeal from such refusal to the Director, who shall, if he considers such refusal to have been unreasonable, give a certificate under his hand to the company to that effect, and upon receipt of such certificate it shall be lawful for the company to act in every respect as if the consent of such owner had been previously obtained.

18. Company not to have claim against Government for disturbance of its works by certain specified works

The company shall not have any claim in damages or otherwise against the Government in respect of any disturbance or interruption of any part of the company's undertaking, lines or works occasioned by any works on or excavation or disturbance of streets or lands which the Governor in Council may think it necessary or desirable to make for the purpose of altering the level of any lands or the gradient or level of or repairing or constructing any street, path or land or laying or renewing drain pipes or sewers, gas or water pipes or mains or any tube, casing, wire or cable for the carriage of electrical current or inspecting the same or for any other lawful purpose, whether of a like nature to the purposes aforesaid or not, or in respect of any disturbance or interruption occasioned by any person using or making any works upon or excavation or disturbance of any streets or lands.

19. Company to be answerable for and indemnify Government against claims

The company shall be answerable for and shall indemnify the Government against all claims on account of accident, damage or injury to property or to any person arising through its act, neglect or default, or through the act, neglect or default of its servants or of any contractor employed by it, or through or in consequence of any of the company's works under the concession, or through the construction, maintenance, repair or operation of the company's telephone system, or through the downfall of wires, cables, insulators, brackets, posts or any part of its lines by reason of storm (if the damage caused by such storm is due to the company's negligence) or any other cause of whatever nature or through the company's system interfering with, injuring or impairing the efficiency of the undertaking of any other person.

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