-4-

10. This Agreement shall not in any way restrict the right
of the City at any time to widen, raise or lower the roadway or
boulevard abutting or adjoining the Lands, notwithstanding that
the effect of such alteration in width or elevation or both may
be to render the Works useless for the purposes of the Owner AND
in the event that the City does alter the width or elevation or
both of the said roadway or boulevard, the Owner hereby releases
and forever discharges the City from all manner of Claims of any
nature whatsoever which May arise by reason of such alteration in
width or elevation or both, or by reason of the discontinuance
and removal of the Works as 4 result of such alteration in width
or elevation ox both.

“hi. The City may at any time in its sole discretion
withdraw the rights it has granted herein te the Owner and in the
event of such withdrawal, for any cause or reason whatsoever, the
Owner shall, at his own expense, within a period of six (6)

_Months from the date of receiving such notice of withdrawal or
within such shorter time as may be specified by the City's
Council, remove the Works and fill Up .any excavation made,
constructed or maintained with respect to it, and otherwise
restore the site to the Satisfaction of the City Engineer.

‘angie

12. ' In the event the Owner fails to keep the Works or any
covering or structure Pertaining thereto in good and sufficient
repair to the satisfaction of the City, or in the event the Owner
fails to remove the Works or to fill up any excavation or to
xrastore the site to the satisfaction of the City Engineer, the
City Engineer May in its sole discretion cause such repairs to be
made, including structural changes, as he deems necessary, or
shall remove the Works or fill in the excavation as the case may
be, and the Owner shall pay the costs of the repairs, removal or
filling in to the City forthwith.

a

regan

SEALE Es

13. Waiver of any defauit by either party shall not be
deemed to be a waiver of any subsequent default by that party;
whenever it is required or desired that either party shall
deliver or serve a notice on the other, deliver or service shall
be deemed to be Satisfactory if and deemed to have occurred when:

ASLO ase 9 RD

Po) ad on Fat

(a) that party has been served personally, on the date
of service; or

Mailed by pre-paid registered mail, on the date
received or on the sixth day after receipt
mailing by any Canada post office, whichever
the earlier, so long as the notice is mailed
the party at the most recent address shown

sypbtarrtedvamne en one oo wea Medn Lc pey tp
TT Ardent te ancy yk RINE Satu bent Oo ah