~3-
this Covenant depcsit with the cy a Letter of Credit in
the sum of
Dollers drawn on the Branck,
Pritish Ccelumbie.

3. If the Landscaping is not completed and maintained by the
Covenantcr pursuant to Section 2 herein to the satisfaction of the
City, the City may draw upen the Letter of Credit for the full
principel sum (the “Monies") and in its sole Giscretior:

(a) retain the Monies as liquiéeated damages; or

(b) enter on the Lands and install all or part of the Land-
scaping in accordance with Section 2 herein, in which event
all costs, including incidente] edministrative, lega2 and
cansulting expenses, incurred ky the City in carrving out
all cr part. cf the Landscaping shall be deducted from the
Monies and the remainder of tke Monies, if any, may he:

(i) retained by the City as general damages fcr failure
ky the Covenantor to perfcrm under Section 2 hereof :
or
returned tc the Coverantor cne (1) year after the
dete of installetiar. of the Flentirg materials.

4. If the Landscaping is completee ane maintained Ey the Cove-

nantor pursuant tc Sect.ion 2 herein then the deposit shel] he returned
te the Covenantor one (1) year after the Gate of imstéliatian of the

Flenting materials.

5. The Covenantior indenmifies an@ saves harmless the City
against:
{a) any acticn or claim arising in any way, directly or
indirectly, from the Covenants contained herein; and
(5) NOTWITHSTANDING the generality -of the foregoine:
{i) all actions, proceedings, costs, damages, expenses,
claims and demands whatsoever and by whomever
brought by reason of the installation or main-

53