12.—(1) The construction of the specified works shall, when commenced, be carried out—
(a)with all reasonable dispatch in accordance with the plans approved, or deemed to be approved or settled as aforesaid and in accordance with any conditions under paragraphs 8 or 10 above subject to which such approval has been given, whether imposed by Railtrack or by an arbitrator;
(b)under the supervision (if given), and to the reasonable satisfaction, of the engineer;
(c)in such manner as to cause as little damage as may be to railway property; and
(d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of Railtrack or the traffic thereon and the use by passengers of railway property;
and, if any damage to railway property or any such interference or obstruction shall be caused or take place in consequence of the construction of the specified works, the Executive shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to Railtrack all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction.
(2) Nothing in sub-paragraph (1) shall impose any liability on the Executive with respect to any damage, cost, expense or loss which is attributable to the neglect or default of Railtrack or their servants or agents.