Paragraph 8 I1

England, Wales and Scotland

(1)

Subject to sub-paragraphs (2) and (3), if—

(a)

by reason or in consequence of the construction of any works referred to in this Part;

(b)

in consequence of the construction use, maintenance, or failure of any of the authorised development by or on behalf of the undertaker; or

(c)

in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out the works including without limitation works carried out by the undertaker under this Part (or any subsidence resulting from any of the works),

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 the works) or property of WPD, or there is any interruption in any service provided, or in the supply of any goods, by WPD, the undertaker must—

(d)

bear and pay the documented cost reasonably incurred by WPD in making good the damage or restoring the supply; and

(e)

indemnify WPD for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from WPD by reason or in consequence of the damage or interruption or WPD becoming liable to any third party.

(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 WPD, its officers, servants, contractors or agents.

(3)

WPD must give the undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the undertaker which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Annotations

Commencement

I1: Sch. 8 Pt. 8 para. 8 in force at 27.9.2016, see art. 1(2)