Paragraph 38

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 10 para 25 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para 27 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para. 24(2) words revoked by Communications Act 2003 (Consequential Amendments) 2003 Sch. 2 Table 2
Sch. 10 Pt. 3 para. 25 words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 22(2)(a)
Sch. 10 Pt. 3 para. 27 words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 22(2)(b)

(1)

The undertaker shall be responsible for and make good to the protected person, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the protected person—

(a)

by reason of the construction of the specified works or the failure thereof, or

(b)

by reason of any act or omission of the undertaker, of any person in his employ, or of his contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify the protected person from and against all claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under his supervision, shall not (if it was not attributable to the act, neglect or default of the protected person, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2)

The protected person shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker.