-2-

and all excavation and other work or construction now or
hereinafrer performed in connection therewith (all of which are
the "Works") shall be confined to the areas in red on Schedule
"A",

3, The Owner shali pay to the City the sum of one dollar
($1.00), receipt of which is hereby acknowledged by the City.

4. The Owner shall at all times and at her own expense
keep and Maintain the Works in good and sufficient repair to the
Satisfaction of the City, and no structural alterations shall be
made to the works other than those described in a current
building permit application and shown on Schedule "a",

5. No provision of this Agreement and no act or omission
or. finding of negligence, whether joint or several, as against
the City in favour of any third party, shall operate toa relieve
or shall be deemed to relieve the Owner in any manner whatsoever
from any liability to the City, whether such liability arises
under this Agreement, under the provisions of the Municipal Act
R.S.B.C, 1979, ¢. 290 ana amendments thereto, or Otherwise.

Fmt ten sate Tati

FER Ig Es

6. If the Owner violates any provision of this Agreement,
Or any provision of the City's bylaw, ail rights accruing to the
Owner under. this Agreement shall, unless the City otherwise
decides in response to a request by the Owner, immediately cease
but the City shall retain the right to Proceed with the
enforcement of any security or indemnity Provided or Provided for
herein. in Satisfaction of any claim, loss or expense of any kind
whatsoever arising under this Agreement or form the permission to
encroach granted hereby.

TEP ia Oe ee mao,

SNE arate rr era Mey

7. The Owner:

a) indemnifies, saves harmless, releases and forever
discharges . the City from ana against any all
Manner of, actions, causes of actions, Claims,
debts, suits, demands and Promises whatsoever at
law. or equity, whether known or unknown, which the
Owner now has or at law or equity, whether known
or unknown, which the Owner now has or May at any
time by reason of:

LEBEL scented

AMUN AEE ee

Sena ater tao

(1). the permission to encroach granted hereby; or

5

i a AE A et RR ay once oe:

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TAT Aw ee meinen Oe A et Ne cee TS Teach a Maal Tarinadtila Va tay Ehkad Mi eed cana sone ee Mb ake ne db) SERENE bec