works, including without limitation works carried out by the undertaker under this Part of 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 the authorised works) or property of  Cadent, or there is any interruption in any service provided, or in the supply of any goods, by  Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—  (2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or  in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or  under its supervision including under any watching brief will not (unless sub-paragraph (3)  applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless  Cadent fails to carry out and execute the works properly with due care and attention and in a  skilful and workmanlike 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—  (4) Cadent must give the undertaker reasonable notice of any such third party claim or demand  and no settlement, admission of liability or compromise must, unless payment is required in  connection with a statutory compensation scheme, be made without first consulting the undertaker  and considering their representations.  (5) The undertaker confirms that—  (6) In the event that the undertaker fails to comply with paragraph 28(5) of this Part of this  Schedule, nothing in this Part of this Schedule prevents Cadent from seeking injunctive relief (or  any other equitable remedy) in any court of competent jurisdiction. Cadent 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 and if reasonably requested to do so  by the undertaker Cadent must provide an explanation of how the claim has been minimised.  84 (a) bear and pay on demand the cost reasonably incurred by Cadent in making good such  damage or restoring the supply; and  (b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims,  penalty or costs properly incurred by or recovered from Cadent, by reason or in  consequence of any such damage or interruption or Cadent becoming liable to any third  party as aforesaid other than arising from any default of Cadent.  (a) any damage or interruption to the extent that it is attributable to the neglect or default of  Cadent, its officers, servants, contractors or agents;  (b) any authorised works and/or any other works authorised by this Part of this Schedule  carried out by Cadent as an assignee, transferee or lessee of the undertaker with the  benefit of the Order pursuant to section 156 (benefit of order granting development  consent) of the Planning Act 2008 or article 8 (consent to transfer benefit of order)  subject to the proviso that once such works become apparatus (“new apparatus”), any  authorised works yet to be executed and not falling within this sub-paragraph (b) will be  subject to the full terms of this Part of this Schedule including this paragraph 28.  (a) it is a self–insuring body, bound by the guidance set out in the HM Treasury Handbook  “Managing Public Money”;  (b) it holds a certificate of exemption under which the Secretary of State exempts it from any  obligation to maintain Employers Liability Insurance but it shall be under an obligation to  effect and maintain any insurance it is required to hold by statute or law unless an  appropriate certificate of exemption is held;  (c) if, at any time, it ceases to comply with paragraph (a) or (b) above it will immediately  notify Cadent in writing, put into place the acceptable insurance without delay and will  then maintain that acceptable insurance for the construction period of the authorised  works; and  (d) its response to any indemnity provided under this Part of this Schedule will not be  reduced in any way and any claim shall not be prejudiced because of the undertaker’s  self-insuring strategy. 