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Paragraph 66

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to the other provisions of this Part of this Schedule, Network Rail 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 and 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 Network Rail, its contractors, agents or employees whilst engaged upon the work.

(2)

The Agency shall give to Network Rail reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of Network Rail which agreement shall not be unreasonably withheld.