{
  "url": "https://openlegislation.uk/mona-offshore-wind-farm-order-2025/schedule-10/paragraph-135",
  "json_url": "https://openlegislation.uk/mona-offshore-wind-farm-order-2025/schedule-10/paragraph-135.json",
  "legislation": "uksi/2025/870",
  "legislation_title": "The Mona Offshore Wind Farm Order 2025",
  "legislation_url": "https://openlegislation.uk/mona-offshore-wind-farm-order-2025",
  "path": "schedule/10/paragraph/135",
  "kind": "paragraph",
  "number": "135",
  "heading": null,
  "text": "(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, use, maintenance or failure of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by Awel y Môr, or Awel y Môr becomes liable to pay any amount to any third party, the undertaker must—\n(a) bear and pay the cost reasonably incurred by Awel y Môr in making good such damage or restoring the service or supply; and\n(b) indemnify Awel y Môr for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Awel y Môr, by reason or in consequence of any such damage or interruption or Awel y Môr becoming liable to any third party as aforesaid.\n(2) 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 the act, neglect or default of Awel y Môr, its officers, servants, contractors or agents.\n(3) Awel y Môr must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.\n(4) Awel y Môr must use its 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 135 applies. If requested to do so by the undertaker, Awel y Môr shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 135 for claims reasonably incurred by Awel y Môr.\n(5) The fact that any work or thing has been executed or done with the consent of Awel y Môr and in accordance with any conditions or restrictions prescribed by Awel y Môr or in accordance with any plans approved by Awel y Môr or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the undertaker from any liability under this Part.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 10 para. 135(4) substituted (24.10.2025) by The Mona Offshore Wind Farm (Correction) Order 2025 (S.I. 2025/1123), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 10 para. 135 in force at 28.7.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/870/schedule/10/paragraph/135",
    "retrieved_at": "2026-10-28T21:13:09.870071+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."
}