Paragraph 8
The undertaker shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—
(a)
in constructing any part of the identified works on behalf of the undertaker as provided by paragraph 3(3) or in constructing any protective works under the provisions of paragraph 3(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; and
(b)
in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by their engineer of the construction of an identified work.