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any damage thereby caused, directly or Indirectly, except that
arising from negligence of the City, Its servants, agents, and
contractors (other than the Developer, its servants, agents and
contractors) ;
all costs arising directly or Indirectly from construction,
repair or maintenance by the city of any real or personal
property In whole or in part which the city by duty or custom js
obliged, directly or Indirectly, in any way to any degree, to
construct, repair or maintain; and
all expenses. and costs Incurred by reason of liens for non=
‘Payment of labour or material workers! compensation assessments,
‘unemployment insurance, federal or provincial tax, check-off or
by reason of encroachments . |

The City covenants and agrees that | it will permit the Developer to

'

perform the: Works. on the terms and conditions heral in contalned.

“(a) Construct ion of the ‘Works shal | be per formed by a contractor (the

Contractor) chosen after. a call for tenders made by the

t

developer

the “s..der shal | speci ty separate prices~for each | of the Works |

‘ .

listed by separate clause in “Section 3 and.

the Contractor must be accepted by both the City, and tne
Developer prior to award of any tender and if there [s no
‘mutually acceptable Contractor or [f fewer than thrae independent

tenders are received a new cal | tor tenders. shal be’ made by the

Developer.

The City shall meet the cost of construction of the trunk watermain

works provided for In Section 3(a), 3(b)and 3(c) (reterred to in this

section as the "Water Main'!). in accordance with the fol lowing terms:

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