Paragraph 39

The Council must pay to Nexus all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Nexus—

and the Council must indemnify and keep indemnified Nexus from and against all claims and demands arising out of or in connection with a specified work or a protective work or any such failure, act or omission; and the fact that any act or thing may have been done by Nexus on behalf of the Council or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (if it was done without negligence on the part of Nexus or of any person in its employ or of its contractors or agents) excuse the Council from any liability under the provisions of this sub-paragraph.

Nexus must give the Council reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior written consent of the Council.

The sums payable by the Council under sub-paragraph (1) may include a sum equivalent to the relevant costs.