OpenLegislation

Paragraph 110 Indemnity

Original text. Later amendments are not shown.

(1)

Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any infrastructure forming part of Bicker Fen Wind Farm, the undertaker will

(a)

bear and pay on demand (accompanied by an invoice or claim from Bicker Fen) the cost reasonably incurred by Bicker Fen in making good such damage; and

(b)

indemnify Bicker Fen up to a sum of £10,000,000 (ten million pounds) for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Bicker Fen, by reason or in consequence of any such damage other than arising from any negligence or default of Bicker Fen.

(2)

Nothing in sub-paragraph (1) will impose any liability on the undertaker in respect of any damage to the extent that it is attributable to the neglect or default of Bicker Fen, its officers, servants, contractors or agents.

(3)

Bicker Fen must give the undertaker reasonable notice of any third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations.

(4)

Before carrying out any of the authorised works within the Bicker Fen interface area the undertaker must put in place a policy of insurance with a reputable insurer the coverage and level of cover to be first agreed in writing between the undertaker and Bicker Fen (but to be no more than £10,000,000 (ten million pounds)) per occurrence or series of occurrences arising out of one event), and evidence of such insurance to be provided on request and thereafter maintained for the duration of the carrying out of any specified works.