# The Stonestreet Green Solar Order 2025, Paragraph 110

Extent: E+W+S

(1) The undertaker must pay to the Company all reasonable and properly incurred costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (but subject always to the remaining provisions of this paragraph and to article 36 (no double recovery)) which may be occasioned to or reasonably incurred by the Company—
(a) by reason of the construction or maintenance of a specified work or a protective work or the failure of it by the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors; or
(b) by reason of any act or omission of the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors whilst engaged upon a specified work or a protective work,
and the undertaker must indemnify and keep indemnified the Company from and against each and all losses, claims, demands, actions, proceedings, damages, matters, costs, expenses and liabilities whatsoever arising in any way from, in connection with or relating to a specified work or a protective work or any such failure, act or omission; save where the Company or its contractors have been negligent and the fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (provided it is done without negligence on the part of the Company or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph.
(2) The indemnity in sub-paragraph (1) shall include but shall not be limited to any losses, claims, demands, actions, proceedings, damages, matters, costs, expenses and liabilities which arise out of the works in respect of—
(a) any disruption caused to High Speed 1 during the period of the specified works;
(b) any claims for personal injury or death to/concerning employees or third parties;
(c) any loss, damage or environmental damage (to include pollution, contamination, the presence of hazardous substances or waste, and nuisance) to High Speed 1 and/or HS1 property whether temporary or permanent or to any adjoining or neighbouring property (whether real or personal) belonging to, used by or in the possession of the Company and/or any third parties or for which the Company or any such third parties are responsible or liable which results from the specified works;
(d) any financial loss claims brought against the Company, any HS1 group company, any train or freight operating company, or any infrastructure manager, whether or not loss or damage to material property is suffered or incurred;
(e) the carrying out of the specified works, or the failure of any such works;
(f) any act, omission or neglect on the part undertaker, or any person involved in the carrying out of any specified works.
(3) During the period of the specified works, the undertaker shall procure that the undertaker’s contractor is insured against the liabilities referred to herein for an amount to be agreed between the parties (both acting reasonably), and shall provide details of such insurance upon request by the Company. The specified works shall not commence until such insurance has been procured and where requested by the Company evidence of such insurance has been provided.
(4) The Company must—
(a) give the undertaker written notice of any such claims or demands as soon as reasonably possible after the Company became aware of any such claims or demands;
(b) not admit liability or make any offer to settle or settle or compromise any such claim or demand without the prior consent of the undertaker (which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand);
(c) take all reasonable steps to mitigate any liabilities relating to such claims or demands; and
(d) keep the undertaker informed in relation to the progress of any such claims and demands and pay due regard to the undertaker’s reasonable representations in relation to them.

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Source: https://www.legislation.gov.uk/uksi/2025/1175/schedule/13/paragraph/110 (the official version)
Page: https://openlegislation.uk/stonestreet-green-solar-order-2025/schedule-13/paragraph-110
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.