{
  "url": "https://openlegislation.uk/steeple-renewables-project-order-2026/schedule-10/paragraph-74",
  "json_url": "https://openlegislation.uk/steeple-renewables-project-order-2026/schedule-10/paragraph-74.json",
  "legislation": "uksi/2026/1086",
  "legislation_title": "The Steeple Renewables Project Order 2026",
  "legislation_url": "https://openlegislation.uk/steeple-renewables-project-order-2026",
  "path": "schedule/10/paragraph/74",
  "kind": "paragraph",
  "number": "74",
  "heading": "Damage to property and other losses",
  "text": "(1) Subject to sub-paragraphs (2) to (6), the undertaker must—\n(a) indemnify Exolum for all reasonably incurred loss, damage, liability, costs and expenses suffered or incurred by Exolum arising out of—\n(i) the carrying out of works under this Part of this Schedule;\n(ii) the carrying out of the authorised development;\n(iii) the use or occupation of land over or in the vicinity of any apparatus or in the vicinity of any premises in connection with the carrying out of the authorised development;\n(iv) any injury or damage whatsoever to any property, real or personal, including the property of Exolum; and\n(v) any matters arising out of or in connection with this Order;\n(b) indemnify Exolum against any claim made against, or loss suffered by, Exolum as a result of any act or omission committed by the undertaker’s officers, employees, contractors or agents whilst on or in the vicinity of any apparatus or premises;\n(c) pay to Exolum, in accordance with the terms of the provisions of this Part of this Schedule, the cost reasonably incurred by Exolum in making good any damage to the Apparatus (other than Apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising out of the carrying out of works under this Part of this Schedule and arising out of the carrying out of the authorised development;\n(d) pay to Exolum the cost reasonably incurred by Exolum in stopping, suspending and restoring the supply though its apparatus in consequence of the carrying out of works under this Part of this Schedule or the carrying out of the authorised development; and\n(e) make reasonable compensation to Exolum for any other expenses, losses, damages, penalty or costs incurred by Exolum by reason or in consequence of any such damage or interruption including all claims by third parties.\n(2) The fact that any act or thing may have been done by Exolum on behalf of the undertaker or in accordance with a plan approved by Exolum or in accordance with any requirement of Exolum or under its supervision shall not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Exolum fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with an approved plan.\n(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any interruption, claims, expenses, losses, damages, penalty or costs incurred by Exolum to the extent that it is attributable to the unlawful or unreasonable act, neglect or default of Exolum, its officers, servants, contractors or agents.\n(4) The undertaker and Exolum shall at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers in connection with this Part of this Schedule.\n(5) The undertaker warrants that—\n(a) the information it or any of its employees, agents or contractors provide to Exolum about the plans or the authorised development and on which Exolum relies in the design of and carrying out of any works is accurate; and\n(b) the undertaker or any of its employees, agents or contractors have exercised all the reasonable skill, care and diligence to be expected of a qualified and experienced member of their respective profession.\n(6) Exolum must give to the undertaker reasonable notice of any claim or demand to which sub-paragraph (1) applies.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/1086/schedule/10/paragraph/74",
    "retrieved_at": "2026-10-31T10:33:45.735898+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}