Paragraph 17 I1

If any permanent or temporary alterations or additions to Canal & River Trust property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of Canal & River Trust property or the continued safe operation of the waterway, such alterations and additions may be carried out by Canal & River Trust, and if Canal & River Trust gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Canal & River Trust the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Canal & River Trust in maintaining, working and, when necessary, renewing any such alterations or additions.

If during the construction of a specified work by the undertaker, Canal & River Trust gives notice to the undertaker that Canal & River Trust desires itself to construct that part of the specified work that in the opinion of the engineer is endangering the stability of Canal & River Trust property or the safe operation of any waterway then, if the undertaker decides that part of the specified work is to be constructed, Canal & River Trust must assume construction of that part of the specified work, and the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Canal & River Trust all reasonable expenses to which Canal & River Trust may be put and compensation for any loss which it may suffer by reason of the execution by Canal & River Trust of that specified work.

The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 16, provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

If the cost of maintaining, working or renewing Canal & River Trust property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Canal & River Trust under this paragraph.