# The Byers Gill Solar Order 2025, Paragraph 92: Indemnity

Extent: E+W

(1) Subject to sub-paragraphs 92(3) and 92(5), if for any reason or in consequence of the construction of any of the works by or at the direction of the undertaker that is consequential to the terms hereof any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of NWL, or there is any interruption in any service provided, or in the supply of any goods, by NWL, the undertaker must indemnify and keep indemnified NWL against—
(a) any cost reasonably incurred by NWL in making good any damage or restoring the supply;
(b) any other expenses, loss, damages, penalty or costs incurred by NWL, by reason or in consequence of any such damage or interruption.
(2) NWL must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, NWL must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to paragraph 92(1). The undertaker shall only be liable under this paragraph for claims reasonably incurred by NWL.
(3) The fact that any act or thing may have been done by NWL on behalf of the undertaker or in accordance with a plan approved by NWL or in accordance with any requirement of NWL or under its supervision does not, subject to paragraph 92(5), excuse the undertaker from liability under the provisions of sub-paragraph 92(1) unless NWL fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.
(4) NWL must give the undertaker reasonable notice of any third party claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
(5) Nothing in paragraph 92(1) imposes any liability on the undertaker with respect to—
(a) any damage or interruption to the extent that it is attributable to the unlawful or unreasonable act, neglect or default of NWL, its officers, servants, contractors or agents; or
(b) any indirect or consequential loss of any third party (including but not limited to indirect 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.

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Source: https://www.legislation.gov.uk/uksi/2025/934/schedule/11/paragraph/92 (the official version)
Page: https://openlegislation.uk/byers-gill-solar-order-2025/schedule-11/paragraph-92
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.