# The Helios Renewable Energy Project Order 2025, Paragraph 25


(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority in respect of all reasonable claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by the drainage authority by reason of—
(a) the construction, operation or maintenance of any specified works or the failure of any such works comprised within them;
(b) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;
(c) any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or
(d) any flooding or increased flooding of any such land.
(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand and must not settle or compromise a claim without the agreement of the undertaker, which agreement must not be unreasonably withheld or delayed.
(3) The drainage authority must at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.
(4) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.
(5) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—
(a) any loss arising out of or in consequence of any negligent act or default of the drainage authority or its officers, servants, agents or contractors or any person or body for which it is responsible; or
(b) any indirect or consequential loss of the drainage authority or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption).

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Source: https://www.legislation.gov.uk/uksi/2025/1372/schedule/9/paragraph/25 (the official version)
Page: https://openlegislation.uk/helios-renewable-energy-project-order-2025/schedule-9/paragraph-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.