{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-166",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-166.json",
  "legislation": "uksi/2025/1376",
  "legislation_title": "The Five Estuaries Offshore Wind Farm Order 2025",
  "legislation_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025",
  "path": "schedule/9/paragraph/166",
  "kind": "paragraph",
  "number": "166",
  "heading": "Indemnity",
  "text": "(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, operation or maintenance of any of the authorised works or any such works referred to in paragraphs 161(1) or 161(2), or by reason of any subsidence resulting from the authorised works or such development or works, any damage is caused to any of Affinity Water’s apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal pursuant to paragraph 162 or property of Affinity Water, or there is any interruption in any service provided, or in the supply of any goods, by Affinity Water, or, Affinity Water becomes liable to pay any amount to any third party incurred in accordance with the provisions of this paragraph, the undertaker must—\n(a) bear and pay the cost reasonably incurred by Affinity Water, accompanied by an invoice, in making good such damage, restoring the supply or ensuring the continuity of supply; and\n(b) indemnify Affinity Water against all liabilities, claims, demands, losses (excluding any loss of profit), damages, proceedings, penalties, fines, levies, surcharges or costs which may be made or taken against or recovered from or incurred by Affinity Water,\nby reason or in consequence of any such damage or interruption.\n(2) The fact that any act or thing may have been done by Affinity Water on behalf of the undertaker or in accordance with a plan approved by Affinity Water under paragraph 164 or in accordance with any requirement of Affinity Water or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Affinity Water 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.\n(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of any damage or interruption to the extent that it is attributable to the unlawful act, neglect or default of Affinity Water, its officers, servants, contractors or agents.\n(4) Affinity Water must give the undertaker reasonable notice of any such claim or demand and, unless payment is required in connection with a statutory compensation scheme, no settlement or compromise is to be made without first consulting the undertaker and considering their representations.\n(5) Affinity Water 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.\n(6) Affinity Water must use 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 where it is within Affinity Water’s reasonable ability and control to do so but those endeavours expressly exclude any obligation to mitigate liability arising from third parties which is outside of Affinity Water’s control. If reasonably requested to do so by the undertaker Affinity Water must provide an explanation of how the claim has been mitigated, where relevant.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 166 in force at 8.1.2026, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1376/schedule/9/paragraph/166",
    "retrieved_at": "2026-10-28T21:07:51.328273+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}