Paragraph 11

Without prejudice to the other provisions of this part of this Part of this Schedule, the Company shall indemnify the Agency from all claims, demands, proceedings, costs, damages expenses or losses, which may be made or taken against, or recovered from or incurred by the Agency by reason of the construction of any of the works or by reason of their existence or use or any act or omission of the Company, its contractors, agents, workmen or servants whilst engaged upon the work or compensatory habitat.

The Agency shall give to the Company reasonable written notice of any such claim, demand, proceedings, costs, damages expenses or losses and no settlement or compromise of any such claim, demand, proceedings, costs, damages expenses or losses shall be made without the consent of the Company, which shall not be unreasonably withheld.

Prior to incurring any expense which it may seek to recover under this paragraph, the Agency shall, except in a case of urgency, serve written notice on the Company informing it of the Agency’s intentions and requiring it within such time as the Agency may reasonably specify to take such steps as may be reasonably practicable to avoid the need for the Agency to incur such expense.

Nothing in this part of this Schedule shall impose any liability on the Company in respect of any damage to the extent that it is attributable to the negligent act or omission of the Agency, its officers, servants, contractors or agents (other than the Company).