The Meaford Gas Fired Generating Station Order 2016

93.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified work any damage is caused to any apparatus or property of WPD, or there is any interruption in any services provided by WPD, or WPD becomes liable to pay any amount to any third party, the undertaker shall—

(a) bear and pay on demand the cost reasonably incurred by WPD in making good such damage or restoring the supply; and

(b) 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 any such damage or interruption or WPD becoming liable to any third party as aforesaid.

(2) Nothing in sub-paragraph (1) shall impose 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 WPD, its officers, servants, contractors or agents; and

(b) any authorised development and/or any other works authorised by this Schedule carried out by WPD as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or under article 6 of the Order subject to the proviso that once such works become apparatus (“new apparatus”), any works yet to be executed and not falling within this sub-section (b) shall be subject to the full terms of this Schedule including this paragraph 94 in respect of such new apparatus.

(3) WPD shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without first consulting the undertaker and considering its representations.