and the placing of apparatus of that type or capacity or of those dimensions or the placing of  apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of  agreement, is not determined by arbitration in accordance with article 62 (arbitration) to be  necessary, then, if such placing involves cost in the construction of works under this Part of this  Schedule exceeding that which would have been involved if the apparatus placed had been of the  existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount  which apart from this sub-paragraph would be payable to the statutory undertaker in question by  virtue of sub-paragraph (1) is to be reduced by the amount of that excess.  (5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker  in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of  apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so  as to confer on the statutory undertaker in question any financial benefit by deferment of the time  for renewal of the apparatus in the ordinary course, be reduced by the amount which represents  that benefit.  (4) For the purposes of sub-paragraph (3)—  10. —(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the  construction, maintenance or failure of any of the works referred to in paragraph 6(2), 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 those works) or property of a statutory  undertaker, or there is any interruption in any service provided, or in the supply of any goods, by  any statutory undertaker, the undertaker must—  by reason or in consequence of any such damage or interruption.  (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 a statutory  undertaker, its officers, servants, contractors or agents.  (3) A statutory undertaker must give the undertaker reasonable notice of any such claim or  demand and no settlement or compromise is to be made without the consent of the undertaker  which, if it withholds such consent, has the sole conduct of any settlement or compromise or of  any proceedings necessary to resist the claim or demand.  11.  If in consequence of the exercise of the powers conferred by this Order the access to any  apparatus is materially obstructed the undertaker must provide such alternative means of access to  that apparatus as will enable the statutory undertaker to maintain or use the apparatus no less  effectively than was possible before the obstruction.  12. —(1) For the protection of any operator, the following provisions of this Part of this  Schedule have effect, unless otherwise agreed in writing between the Company and the operator.  PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC  COMMUNICATIONS CODE NETWORKS  (a) bear and pay the cost reasonably incurred by that statutory undertaker in making good  such damage or restoring the supply; and  (b) indemnify the statutory undertaker against all reasonable claims, penalties, demands,  proceedings, costs, damages and expenses which may be made or taken against or  recovered from, or reasonably and properly incurred by, the statutory undertaker,  (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the  consequential provision of a jointing chamber or of a manhole is to be treated as if it also  had been agreed or had been so determined.  (a) an extension of apparatus to a length greater than the length of existing apparatus is not to  be treated as a placing of apparatus of greater dimensions than those of the existing  apparatus; and  128