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12. The following provisions shall have effect unless otherwise agreed in writing between the Company and Southern Electric.
(1) In this article “Southern Electric” means Southern Electric Plc, and “apparatus” means any electrical plant or electric line (as respectively defined in Part I of the Electricity Act 1989(1)) belonging to Southern Electric.
(2) Nothing in this Order shall prejudice or affect the rights of Southern Electric in respect of any apparatus situated in, under, over, across or upon the land to which the Order relates.
(3) Before commencing to execute any works authorised by this Order under or over, or which will or may affect, any apparatus, the Company shall give to Southern Electric not less than 28 days notice in writing, accompanied by a plan and section of the proposed work, and such work shall be executed only in accordance with the plan submitted, and in accordance with such reasonable requirements as may be made by Southern Electric for the protection of the apparatus, or for securing access thereto, or if, by reason of any works proposed by the Company, it is, in the opinion of Southern Electric reasonably necessary to raise, lower, or otherwise alter the position of the apparatus, the expenses reasonably incurred by Southern Electric in, or in connection with, such raising, lowering, or alteration, shall be repaid to them by the Company.
(4) If, by any reason of, or in consequence of, the execution or use of, any of the works authorised by this Order, any damage to any apparatus, or any interruption in the supply of electricity by Southern Electric shall be caused, the Company shall bear and pay the cost, reasonably incurred, by Southern Electric in making good such damage, or in restoring the supply of electricity, and shall make reasonable compensation to Southern Electric for any loss sustained by them, and indemnify Southern Electric from and against all claims in respect of any such damage or interruption.
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