1986 Ed.]
Eastern Harbour Crossing
[CAP. 215
23
(3) Where the Rail Company is liable to make good any defect by reason of the provisions of subsection (2), the liability of the Road Company to make good any defect under subsection (1) shall not arise unless the Director is of the opinion that the Rail Company has failed or unreasonably delayed to discharge its obligations under subsection (2) in respect of those defects and he notifies the Road Company in writing of the defect and of such failure or delay.
(4) The Director may, by notice in writing, require the Road Company or, as the case may be, the Rail Company, to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect.
(5) Nothing in this section shall-
(a) impose any liability on-
(i) the Road Company to make good any defect or damage arising from such defect which becomes apparent in the railway works after the expiration of the franchise granted to the Rail Company by section 5(1); or
(ii) the Road Company or the Rail Company to--
(A) discharge any obligation imposed on the Mass Transit Railway Corporation by the operating agreement;
(B) undertake any work to remedy any defect, or damage to the construction works arising from such defect, beyond the work reasonably required to remedy such defect or damage; or
(C) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works; or
(b) restrict or otherwise affect the obligations of the Road Company or the Rail Company under the operating agreement in respect of defects or repairs.
37. (1) The Road Company shall keep in a state of repair
Repair of until the expiration or revocation of the franchise granted by section 4(1) and to the satisfaction of the Director-
(a) the fabric of the immersed tube including all sealing elements and the common wall separating the road conduits from the railway conduits and the rock armouring; and
(b) all works, whether within or outside the immersed tube, which it has the right to keep in place under section 4(1)(c).
(2) The Director may, by notice in writing, require the Road Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein.
immersed tube and road works.
1
1986 Ed.]
Eastern Harbour Crossing
[CAP. 215
23
(3) Where the Rail Company is liable to make good any defect by reason of the provisions of subsection (2), the liability of the Road Company to make good any defect under subsection (1) shall not arise unless the Director is of the opinion that the Rail Company has failed or unreasonably delayed to discharge its obligations under subsection (2) in respect of those defects and he notifies the Road Company in writing of the defect and of such failure or delay.
(4) The Director may, by notice in writing, require the Road Company or, as the case may be, the Rail Company, to effect such works as he considers necessary to make good any defect that it is liable to make good under this section and any damage to the construction works arising from such defect.
(5) Nothing in this section shall-
(a) impose any liability on-
(i) the Road Company to make good any defect or damage arising from such defect which becomes apparent in the railway works after the expiration of the franchise granted to the Rail Company by section 5(1); or
(ii) the Road Company or the Rail Company to--
(A) discharge any obligation imposed on the Mass Transit Railway Corporation by the operating agreement;
(B) undertake any work to remedy any defect, or damage to the construction works arising from such defect, beyond the work reasonably re- quired to remedy such defect or damage; or (C) remedy any defect which does not, or is unlikely to, adversely affect the design life, operation, use or safety of the construction works; or
(b) restrict or otherwise affect the obligations of the Road Company or the Rail Company under the operating agree- ment in respect of defects or repairs.
37. (1) The Road Company shall keep in a state of repair Repair of until the expiration or revocation of the franchise granted by section 4(1) and to the satisfaction of the Director-
(a) the fabric of the immersed tube including all sealing elements and the common wall separating the road con- duits from the railway conduits and the rock armouring; and
(b) all works, whether within or outside the immersed tube, which it has the right to keep in place under section 4(1)(c).
(2) The Director may, by notice in writing, require the Road Company to effect such repairs and alterations to the structures or works it is required by subsection (1) to keep in a state of repair as he considers necessary for the proper repair thereof and for the obviation of fire and other hazards therein.
immersed tube and road works.
1
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