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2.

3.6

Reservations

Notwithstanding the right of way and easement granted in this
agreement, there is reserved to the Grantor, subject to the
restrictions and limitations herein the right at all times:

(1) subject to receiving the written consent of the city
Engineer, not to be unreasonably withheld, to temporarily
interrupt the use and enjoyment of the Right of Way Area
for the purpose of:

(i) constructing, laying down and installing utility and
communications systems, and ancillary appliances and
equipment, under the Right of Way Area as the
Grantor may require or may deem expedient and
altering, enlarging, extending, removing, repairing,
renewing, maintaining, inspecting and replacing the
Samé as may be deemed necessary or expedient; and

(ii) building, constructing, erecting, removing or
enlarging any building, erection, structure or other
improvement now or hereafter placed in, upon, over
or under the Lands other than the Right of Way Area
as the Grantor may require or may deem expedient,
and extending, repairing, cleaning, inspecting and
replacing the same as may be deemed necessary or
expedient; and

(2) to construct, maintain, repair, renew or enlarge
landscaped areas upon the Right of Way Area, not occupied
or required for the Works.

Covenants of the Grantor
The Grantor shall:

(1) not do or permit to be done any act or thing which in the
Gpinion of the City may interfere with, injure or impair
the operating efficiency of, or obstruct access to or the

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use of the Right of Way Area or to the Works;

(2) allow the City to trim or, if necessary, cut down any
tree or other growth on the Right of Way Area which in
the opinion of the City constitutes or may constitute a
danger or obstruction to those using the Right of Way
Area or to the Works;

(3) permit the City, and every member of the public to
peaceably hold and enjoy the rights granted in this
agreement.

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