{
  "url": "https://openlegislation.uk/tillbridge-solar-order-2025/schedule-15/paragraph-90",
  "json_url": "https://openlegislation.uk/tillbridge-solar-order-2025/schedule-15/paragraph-90.json",
  "legislation": "uksi/2025/1105",
  "legislation_title": "The Tillbridge Solar Order 2025",
  "legislation_url": "https://openlegislation.uk/tillbridge-solar-order-2025",
  "path": "schedule/15/paragraph/90",
  "kind": "paragraph",
  "number": "90",
  "heading": null,
  "text": "(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by West Burton, or West Burton becomes liable to pay any amount to any third party, the undertaker must—\n(a) bear and pay the cost reasonably incurred by West Burton in making good such damage or restoring the service or supply; and\n(b) compensate West Burton for any other expenses, loss, demands, proceedings, damages, claims, penalty, or costs incurred by or recovered from West Burton, by reason or in consequence of any such damage or interruption or West Burton becoming liable to any third party as aforesaid.\n(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of West Burton, its officers, servants, contractors or agents.\n(3) West Burton must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.\n(4) West Burton must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, West Burton shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph for claims reasonably incurred by West Burton.\n(5) The fact that any work or thing has been executed or done with the consent of West Burton and in accordance with any conditions or restrictions prescribed by West Burton or in accordance with any plans approved by West Burton or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the undertaker from any liability under this Part.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 15 para. 90 in force at 5.11.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1105/schedule/15/paragraph/90",
    "retrieved_at": "2026-10-28T21:10:37.351261+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."
}