# The Network Rail (Chart Leacon) Order 2021, Paragraph 25: Indemnity


(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule (including without limitation, relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these 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 the authorised works) or property of SGN, or there is any interruption in any service provided, or in the supply of any goods, by SGN or SGN becomes liable to pay any amount to any third party, the undertaker will—
(a) bear and pay on demand the cost reasonably incurred by SGN in making good such damage or restoring the supply; and
(b) indemnify SGN for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from SGN by reason or in consequence of any such damage or interruption or SGN becoming liable to any third party as aforesaid, other than arising from any default of SGN.
(2) The fact that any act or thing may have been done by SGN on behalf of the undertaker or in accordance with a plan approved by SGN (save where that plan has been negligently approved by SGN) or in accordance with any requirement of SGN or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of sub-paragraph (1) unless SGN fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) or (2) imposes any liability on the undertaker in respect of any damage or interruption to the extent that it is attributable to the neglect or default of SGN, its officers, servants, contractors or agents.
(4) SGN must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and its representations.

---
Source: https://www.legislation.gov.uk/uksi/2021/419/schedule/6/paragraph/25 (the official version)
Page: https://openlegislation.uk/network-rail-chart-leacon-order-2021/schedule-6/paragraph-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.