Paragraph 10 IndemnityI1

England, Wales and Scotland

(1)

Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the authorised works any damage is caused to any apparatus, the undertaker must—

(a)

bear and pay the cost reasonably incurred by the company in making good such damage or restoring the service, supply or conveyance; and

(b)

indemnify the company against all claims, demands, proceedings, costs, damages and expenses,

which may be made against, or recovered from, or incurred by it by reason or in consequence of any such damage or interruption or exercise by the undertaker of its powers conferred by this Order.

(2)

Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the company, its officers, servants, contractors or agents.

(3)

The company must give the undertaker reasonable notice of any claim or demand arising under sub-paragraph (1)(b) and no settlement or compromise shall be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand with such assistance from the company as may be reasonably necessary.

Annotations

Commencement

I1: Sch. 3 para. 10 in force at 20.2.2013, see art. 1