Page 9 of 12

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10. This Agreement shall oot in any way restrict the raght
of the City at any time to widen, raise or lower tne roadway or
boulevard abutting or adjoining the Lands, notwithstanding that
the effect of such alteration in wadth or elevation or both may
be to cender the Works useless for the purposes of the Owner AND
in the evant that the City does alter the width or elevation or
beth of the said roadway or boulevard, the Owner hereby releases
and forever discharges tha City from all manner of claims of any
nature whatsoever which may arise by reason of such alteration in
width or elevation or both, or by reason of tne discontinuance
and removal of the Works as a rasult of such alteration in width
or elevation or both.

li. The City may at any time in its sole discretion
withdraw the rights it has granted herein te the Owner and in the
avenct of such withdrawal. for any cause or reason whatscever, the
Qwner shall, at his own expensa, within a pariod of six (6)
months from the data of receiving such notice of withdrawal or
within such short.r time as may be spacified by the City's
Council, remove the Works and fill up any excavation made,
constructed or maintained with respect to it. and otherwise
restore the site to the satisfaction of the City Engineer.

12. In the ewent the Owner fails to keep the Works of any

covering or structure pertaining thereto in good and sufficient
repair to the satisfaction of the City, or in the event the Owner
fails to remove the Works or to fill up any excavation or to
rastore the site to the satisfaction of the City =ngineer, che
City Engineer may in its sole discretion cause such repairs to be
made, including structural changes. as he “deems necassary, oF
shall remove the Works or fill in the excavation as the case Gay
be, and the Owner shall pay the costs of the repeirs, removal or
filling in to the City forthwith.

13. Waiver of any default by either party shall not bs
deemed to be a waiver of any subsequent default by that party;
whenever it is vequired or desired that «ither party ehail
deliver or serve a notice on the other, deliver or service shall
be deemed to be satisfactory if and deemed to have occurred when:

(a) that party has been served personally, on the date
of service: OF

mailed by pre-paid registered mail, on ehe date
received or on the sixth day after receipt of
mailing by any Cenaca post office, whichaver is
lier, s@ long as the noticsa is mailed to

at che most racent address shown on