Paragraph 159 Indemnity and liabilitiesI1

England and Wales

(1)

Subject to sub-paragraphs (2), (3) and (4), if by reason or in consequence of the carrying out of any specified work any damage is caused to any apparatus or property of the Company or there is any interruption or reduction in any electricity supply by the Company or the Company becomes liable to pay any amount to any third party, the undertaker must—

(a)

bear and pay on demand accompanied by an invoice or claim from the Company the cost reasonably and properly incurred by the Company in making good such damage or restoring the supply;

(b)

indemnify the Company for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs reasonably and properly incurred by or recovered from the Company by reason or in consequence of any such damage, interruption or reduction or the Company becoming liable to any third party as aforesaid other than arising from any default by the Company; and

(c)

indemnify the Company for any and all claims, proceedings, damages (whether in contract or tort), costs (including reasonable legal costs), demands, liabilities, or expenses incurred by the Company which arises out of or in connection with any pollution caused by or which arises out of any specified work carried out by or on behalf of the undertaker,

provided that at all times the Company will be under an obligation to take reasonable steps to mitigate its loss.

(2)

The fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with a plan or method statement approved by the Company or in accordance with any requirement of the Company or as a consequence of carrying out any of the specified work under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this paragraph where the undertaker fails to carry out and execute the specified work properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not materially accord with the approved method statement (or as otherwise agreed between the undertaker and the Company).

(3)

Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a)

any damage or interruption to the extent that it is attributable to the neglect or default of the Company, its officers, employees, contractors or agents;

(b)

any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.

F1(4)

The Company must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand, unless payment is required in connection with a statutory compensation scheme, is to be made without first consulting the undertaker and considering its representation.

Annotations

Textual amendments

F1: Sch. 9 para. 160 renumbered as Sch. 9 para. 159(4) (17.7.2024) by virtue of The Awel y Môr Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/799), art. 1, Sch.

Commencement

I1: Sch. 9 para. 159 in force at 11.10.2023, see art. 1