The Network Rail (West Coast Main Line) Order 2004

37.—(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 a 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 land; or

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

which is caused by the construction of any specified work 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.