Paragraph 11 Indemnity as to costs and expenses

(1)

Without prejudice to the other provisions of this Schedule, the Promoter shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss, which may be made or taken against, or recovered from or incurred by the Agency by reason of—

(a)

any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b)

any damage to the fishery;

(c)

any raising or lowering of the water table in land adjoining the authorised works or any sewers, drains or watercourses;

(d)

any flooding or increased flooding of any such lands; or

(e)

inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of the Promoter, its contractors, agents or employees whilst engaged upon the specified works.

(2)

The Agency shall give to the Promoter reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand shall be made without the consent of the Promoter, which shall not be unreasonably withheld.