-3-

(22) the construction, maratenance, existence, use

or removal of che Works

including, but without restrice:ng the generality
of the foregoing, « claim for loss or injury to
persons or to property due to the GQwmer's
negligence or to tha owner's failure to comply
with the City's bylaws or any one of them or with
any provision of this Agreement and as security
for the obligations of the Owner. the City in its
sole discration may cequire that, immediately upon
axucution of this Agreement or at any tims
thereafter, the Owner deposit with the City
security in a form and amount satisfactory to the
ity Engineer or that the Owner have the City
named ag co-insured on an insurance policy ia a
form and amount satisfactory to the City's
insurance advisors.

agrees thac if as a result of this indemnification
and save harmiess provision any Soneys ere owing
at the end of any calendar year by che Owner to
the City under this Agreement but not paid whether
by default or otherwize, tha soneys owing are
hereby deamed to be a charge or lien on the Lands
with priority over any claia. lien, privilege or
encumbrance of any person excepe the Crown and
this charge doas not requira registration of any
document except this Agreemant to preserve the
charge and in addition to all other ramedies the
City has for the collection of the moneys owiny
the amoune of the charge may be collected by the
City in the same manner and with the like remedies
as ordinary taxes on land and improvements under
ehe Act.

8. The City’s vervants or agents shall have the right at
any and all times to enter into and upon the Lands for the
purpose of constructing, maintaining, inspecting or removing any
public works or utility in the viecsnity of the Works.

9. In the event of any alteration or changa made nacessary
by the construction. maintansnce, US@ OF removal of the Works ts
any mater, water service, sewer or other public works or utility
mn the vicinivcy of che Lands, the Owner shall raimburse the City
‘or whatever sums it may have incurred in making such alterations
or changes as may be deemed necessary sy the City.

ITEM | OP,

96