OpenLegislation

Paragraph 73 Expenses

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this paragraph 73, the undertaker must pay to Exolum the reasonable and properly incurred costs and expenses (including reasonable staffing costs if work is carried out in-house) incurred by Exolum in, or in connection with—

(a)

undertaking its obligations under this Part of this Schedule including—

(i)

the installation, inspection, removal, alteration, testing or protection of any apparatus, alternative apparatus and/or protective works;

(ii)

the execution of any other works under this Part of this Schedule;

(iii)

imposing reasonable requirements for the protection or alteration of apparatus affected by the authorised development or works as a consequence of the authorised development in accordance with paragraph 71(3); and

(iv)

the review and assessment of plans;

(b)

the watching of and inspecting the execution of the authorised development, any restricted works and any works undertaken by third parties as a result of authorised development (including the assessment of plans); and

(c)

together with any administrative costs properly and reasonably incurred by Exolum.

(2)

There will be no deduction from any sum payable under sub-paragraph (1) as a result of—

(a)

the placing of apparatus of a better type, greater capacity or of greater dimensions, or at a greater depth than the existing apparatus, to the extent Exolum has acted reasonably in procuring such apparatus;

(b)

the placing of apparatus in substitution of the existing apparatus that may defer the time for renewal of the existing apparatus in the ordinary course; or

(c)

the scrap value (if any) of any apparatus removed.

(3)

Where Exolum demands payment for those expenses pursuant to sub-paragraph (1), Exolum must provide an itemised invoice or claim detailing all expenses reasonably and properly incurred or estimated to be incurred to the undertaker for the undertaker’s review and approval (not to be unreasonably withheld or delayed) and payment must be made by the undertaker to Exolum within 3 months of receipt of such invoice or claim.