Paragraph 11 CompensationI1
England and Wales
Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Order, any damage is caused to any 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 the undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the undertaker, the promoter shall—
bear and pay the cost reasonably incurred by the undertaker in making good such damage or restoring the supply; and
subject to sub-paragraphs (2) and (3), make reasonable compensation to the undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker, by reason or in consequence of any such damage or interruption including but not limited to legal costs, adjustments to any regulatory incentives that may be due to the undertaker or payable by the undertaker and payments that the undertaker may be required to pay by statute and reasonable ex gratia payments made to customers.
Nothing in sub-paragraph (1) shall impose any liability on the promoter with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertaker, its officers, servants, contractors or agents.
The undertaker shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent (such not to be unreasonably withheld or delayed) of the promoter who, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Annotations
Commencement
- I1
Sch. 16 Pt. 1 Section 2 para. 11 in force at 24.9.2014, see art. 1