LIVI EUOCIVE GauUiR oU-

Priority

7. The Covenantor shall use its best efforts to obtain priority for this Covenant
over any financial charge previously registered against title to the Land.

Furtber Documents
8. The Covenantor shal] execute and deliver or use its best efforts to cause to

be executed and delivered any such further documents as may be necessary tc give effect
to this Covenant.

Time of the Essence
9. Time shall be of the essence of this Covenant.

Regulatory Power

10. Nothing in this Covenant or in the City’s acceptance of this Covenant shall
affect the rights and powers of the City under any statutes, bylaws, resolutions or other
authorities, al] of which may be exercised as though this Covenant had not been made.

Non- Tcem

11. The City shall be under no obligation to enforce any of the provisions of this
Covenant.

Notice

12. Whenever provision is made for notice to be given to the Covenantor under
this Covenant, notice shalf be deemed to have been given when delivered personally to an
officer or director of the Cavenantor or when mailed by prepaid’ registered mail to the
registered or records office of the Covenantor, on the fourth day following the date of

mailing.
Severability
B. If any section or lesser portion of this Covenant is held invalid for any reason,

the invalid portion shall be severed from this Covenant and the validity of the remainder
- of the Covenant shall not be affected.

Amendment and Waiver

14. No amendment or waiver of any provision in this Covenant shall be valid
unless it is made in writing and executed on behalf of the Covenantor and the City.

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