exercise the utmost care not to damage the Lands or any
improvements cn the Lands and if the City should cause .
or allow to be caused any such damage, then the City
shall repair such damage and restore the Lands’ and
improvements thereon to the satisfaction of Shimizu. If
the City fails to repair such damage and restore the
Lands and improvements thereon, then Shimizu may perform
such repair and restoration that Shimizu deems necessary
and the City shall fully reimburse Shimizu for the costs
of the repairs and restorations within two weeks of

receiving an account from Shimizu.

PEDESTRIAN _ OVERPASS

5. Shimizu and the city agree, that after the date which the
Pedestrian Overpass defined herein has been constructed and has
received the approval of the City, Shimizu shall be permitted to
obstruct public access along the travelled portion at the crest of
the Dyke within the Right cf Way (the "Dyke Road") as may be-
necessary, in Shimizu's sole discretion, during the log dewatering
and transportation process and for any other purpose incidental to
Shimizu's sawmill business located on the Lands ("Shimizu's
Business") ,

6. After Shimizu has eonstructed its log dewatering and
transportation facilities and prior to commencement of its log
dewatering and transportation process across the Dyke, Shimizu
shall construct, at its expense, a functional overpass within the
area of the Right ef Way, sufficient for the safe passage of
pedestrians (the "Pedestrian Overpass").

7. Shimizu shall design and construct the Pedestrian
Overpass on that side of the Dyke opposite the Pitt River as a
diversion around Shinizu's Business, The Pedestrian Overpass will

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