Paragraph 75 IndemnityI1

Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 69 (protective works to buildings) or 71(2) (removal of apparatus) or any specified works any damage is caused to any apparatus or alternative 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 Wales & West Utilities, or there is any interruption in any service provided, or in the supply of any goods, by Wales & West Utilities, the undertaker must—

by reason or in consequence of any such damage or interruption.

The fact that any act or thing may have been done by Wales & West Utilities on behalf of the undertaker or in accordance with a plan, section or description approved by Wales & West Utilities or in accordance with any requirement of Wales & West Utilities or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

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 or contributed by the act, neglect or default of Wales & West Utilities, its officers, servants, contractors or agents.

Wales & West Utilities must act reasonably in relation to any claim or demand served under sub-paragraph (1) and use reasonable endeavours to mitigate and minimise any costs, expenses, loss, demands, proceedings and penalties to which a claim or demand under sub-paragraph (1) applies.

Wales & West Utilities must give the undertaker reasonable notice of any such- claim or demand against Wales & West Utilities and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand unless payment is required in connection with a statutory compensation scheme.

In respect of any claim under paragraphs 74(1) (expenses and costs) or 75(1) (indemnity), Wales & West Utilities shall on reasonable request from the undertaker provide written evidence of how the claimed expenses, loss, damages, penalties or costs have reasonably and properly been incurred. Any dispute between the Parties as to the reasonableness of the costs, charges and expenses shall be resolved in accordance with article 46 (arbitration).