Paragraph 15 Damage to DCC apparatusI1

Subject to sub-paragraphs (3) to (6), the undertaker is to indemnify and hold harmless DCC against all claims demands costs damages expenses penalties and losses which DCC sustains or becomes liable for in consequence of works under sub-paragraph 10(1) and emergency works under sub-paragraph 13(1) (but only in where such emergency works are carried out by the undertaker without prior notification to DCC in accordance with sub-paragraph 13(1)) to this Part in respect of—

Subject to sub-paragraphs (3) to (6), the undertaker is to bear and pay the costs reasonably incurred by DCC in making good damage to DCC apparatus or restoring an interruption in the supply provided by DCC as a direct consequence of the undertaker’s performance of the works under this Part.

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 DCC, its officers, servants, contractors or agents.

DCC 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 15 applies. If requested to do so by the undertaker, DCC is to provide an explanation of how the claim has been minimised and mitigated. The undertaker is only liable under this paragraph 15 for claims reasonably incurred by DCC.

Neither the undertaker, nor any of its officers, employees or agents are, in any circumstances whatsoever, liable to DCC for any indirect or consequential loss.

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and DCC in respect of any DCC apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.