{
  "url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-94",
  "json_url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-94.json",
  "legislation": "uksi/2024/174",
  "legislation_title": "The Net Zero Teesside Order 2024",
  "legislation_url": "https://openlegislation.uk/net-zero-teesside-order-2024",
  "path": "schedule/12/paragraph/94",
  "kind": "paragraph",
  "number": "94",
  "heading": "Indemnity",
  "text": "(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 90, any damage is caused to the Exolum operations, or there is any interruption in any service provided, or in the supply of any goods, by Exolum, the undertaker must—\n(a) bear and pay the cost reasonably incurred by Exolum in making good such damage or restoring the supply; and\n(b) make reasonable compensation to Exolum for any other expenses, loss, damages, penalty or costs incurred by Exolum, by reason or in consequence of any such damage or interruption.\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 Exolum, its officers, employees, servants, contractors or agents.\n(3) Exolum must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.\n(4) Exolum 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 94 applies. If requested to do so by the undertaker, Exolum must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (1). The undertaker shall only be liable under this paragraph 94 for claims reasonably incurred by Exolum.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 94 in force at 11.3.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/174/schedule/12/paragraph/94",
    "retrieved_at": "2026-10-28T21:34:40.750770+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."
}