# The Fenwick Solar Farm Order 2026, Paragraph 74: Damage to property and other losses


(1) Nothing in paragraph 73, imposes any liability on the undertaker with respect to 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.
(2) The fact that any act or thing may have been done by Exolum on behalf of the undertaker or in accordance with a Plan approved by Exolum or in accordance with any requirement of Exolum or under its supervision shall not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of paragraph 73.
(3) Nothing in paragraph 73 imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the negligent act, neglect or default of Exolum, its officers, servants, contractors or agents.
(4) The undertaker and Exolum must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers in connection with this Part of this Schedule.
(5) The undertaker warrants that it will use reasonable endeavours to ensure—
(a) the information it or any of its employees, agents or contractors provide to Exolum about the Plans or the Authorised Development and on which Exolum relies in the design of and carrying out of any works is accurate; and
(b) the undertaker or any of its employees, agents or contractors have exercised all the reasonable skill, care and diligence to be expected of a qualified and experienced member of their respective profession.
(6) Exolum must give to the undertaker reasonable notice of any claim or demand to which paragraph 73 applies.

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Source: https://www.legislation.gov.uk/uksi/2026/151/schedule/14/paragraph/74 (the official version)
Page: https://openlegislation.uk/fenwick-solar-farm-order-2026/schedule-14/paragraph-74
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.