# The Port Talbot Steelworks Generating Station Order 2015, Paragraph 9: Indemnity

Extent: E+W+S

(1) Subject to sub-paragraphs (2) and (3), if, by reason or in consequence of—
(a) the construction of any works authorised by this Part;
(b) the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker; or
(c) any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works (including without limitation works carried out by the undertaker under this Part or any subsidence resulting from any of those works),
any material 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—
(d) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and
(e) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalties or costs incurred by or recovered from National Grid,
by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as mentioned.
(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid as a consequence of the authorised development or under its supervision does not excuse the undertaker from liability under sub-paragraph (1) unless National Grid 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 accords materially with the approved plan or as otherwise agreed between the undertaker and National Grid.
(3) Nothing in sub-paragraph (1) 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 National Grid, its officers, servants, contractors or agents.
(4) National Grid must give the undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without first consulting the undertaker and considering its representations.

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Source: https://www.legislation.gov.uk/uksi/2015/1984/schedule/4/part/3/paragraph/9 (the official version)
Page: https://openlegislation.uk/port-talbot-steelworks-generating-station-order-2015/schedule-4/part-3/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.