Paragraph 12

Without prejudice to the other provisions of this Schedule, the Council shall be responsible for, and make good to the Commissioners, all losses, costs, charges, damages and expenses however caused (including a proper proportion of the overhead charges of the Commissioners) which may reasonably be incurred or occasioned to the Commissioners by reason of or arising from or in connection with—

(a)

the inspection of any of the tidal works by the Commissioners or their duly authorised representative;

(b)

the carrying out of surveys, inspections, tests and sampling within and of the Channel (including the bed and banks of the Channel)—

(i)

to establish the marine conditions prevailing prior to the construction of any of the tidal works in such area of the river as the authority have reasonable cause to believe may subsequently be affected by any siltation, scouring or other alteration which the Council is liable to remedy under this Schedule; and

(ii)

where the Commissioners have reasonable cause to believe that the construction of any of the tidal works is causing or has caused any siltation, scouring or other alteration as aforesaid;

(c)

the construction of any of the tidal works or the failure of any of the tidal works or the undertaking by the Commissioners of works or measures to prevent or remedy danger or impediment to navigation or damage to any property arising from such construction, exercise or failure; and

(d)

any act or omission of the Council or its servants or agents whilst engaged in the construction or operation of any of the tidal works.