# The Beacon Fen Energy Park Order 2026, Paragraph 161: Indemnity


(1) Subject to paragraphs (2) to (6), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the specified 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 Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus (other than apparatus located within the VDEC interface area), the undertaker will bear and pay within 60 days of receipt of an invoice or claim from VDEC the cost reasonably and properly incurred by VDEC in making good such damage.
(2) The fact that any act or thing may have been done by VDEC on behalf of the undertaker or in accordance with a plan reviewed by VDEC or in accordance with any requirement of VDEC or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless VDEC fails to carry out and execute the works properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—
(a) any damage or interruption to the extent that it is attributable to the act, neglect or default of VDEC, its officers, servants, contractors or agents; or
(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.
(4) VDEC must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability, compromise or demand must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering its representations.
(5) VDEC must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
(6) VDEC must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within VDEC’s reasonable ability and control to do so and if reasonably requested to do so by the undertaker VDEC must provide an explanation of how the claim has been minimised, where relevant.

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Source: https://www.legislation.gov.uk/uksi/2026/1025/schedule/11/paragraph/161 (the official version)
Page: https://openlegislation.uk/beacon-fen-energy-park-order-2026/schedule-11/paragraph-161
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.