Paragraph 9 IndemnityI1

England and Wales

(1)

Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or 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 such works, including without limitation works carried out by the undertaker under this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—

(a)

bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

(b)

indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party other than arising from any default of National Grid.

(2)

The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) except where the undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and professional manner or in a manner that does not accord with the approved plan.

(3)

Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a)

any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; and

(b)

any authorised works or any other works authorised by this Schedule carried out by National Grid as an assignee, transferee or lessee of the undertaker and with the benefit of the provisions of this Order under section 156 of the 2008 Act subject to the proviso that once such works become apparatus, any authorised works yet to be executed and not falling within this sub-paragraph are subject to the full terms of this Schedule including this sub-paragraph.

(4)

National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise is to be made without first consulting the undertaker and considering their representations.

Annotations

Commencement

I1: Sch. 8 para. 9 in force at 10.8.2016, see art. 1