Paragraph 9 I1
England, Wales and Scotland
Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), 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 an affected undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertakers, the undertakers shall—
bear and pay the cost reasonably incurred by that affected undertakers in making good such damage or restoring the supply; and
make reasonable compensation to that affected undertakers for any other expenses, loss, damages, penalty or costs incurred by the affected undertakers,
by reason or in consequence of any such damage or interruption.
Nothing in sub-paragraph (1) shall impose any liability on the undertakers with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertakers, its officers, servants, contractors or agents.
An affected undertakers shall give the undertakers reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertakers which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Annotations
Commencement
- I1
Sch. 9 Pt. 1 para. 9 in force at 7.7.2014, see art. 1