(c) to do all things necessary or incidental to the business and undertaking of the Transferee

in connection with the foregoing.

2. The Transferee shall do the work that it is entitled to do under this instrument in 4 workmanlike
manner so as to do as little injury as practicable to the surface of the Lands, the Right-of-Way Area and
any improvements and upon completion of any work that it is entitled to do under this instrument shal!
restore the surface of the Lands, the Right-of-Way Area and any improvements as nearly as possible to

the condition they were in prior to the commencement of such work.

3. The Transferor shall not:
(a) excavate or dig any well, hole, trench, ditch or excavation of any kind or nature;

(b) erect, build, construct or place any building, structure, erection, pipe, pole, tower, road,

concrete, pavement, foundation, improvement or thing of any kind or nature;
(c) place or remove any soil or other material of any kind or nature;

on, in, under, through or over the Right-of-Way Area without the prior written consent of the Transferee,
which consent shall be at the sole discretion of the Chief Engineer of the Transferee but which shall not

be unreasonably refused.

4. If the Transferor does any of the acts referred to in breach of Section 3 the Transferee, in addition
to any other right or remedy it has the Transferee may (i) if the Transferor fails to remedy the breach
within 30 days after written notice thereof to the Transferor to remedy or (ii) immediately, in the event
of an emergency (as detennined ‘in the sole discretion of the Transferee’s Chief Engineer), do all things
necessary to remedy the breach without any liability for damages and for such purpose may enter with

men and equipment upon the Lands and the Right-of-Way Area. If the Transferee requests, the Transferor

shall forthwith pay to the Transferee all reasonable costs, charges and expenses to which the Transferee

may be put by reason of a breach of Section 3.

‘If the Transferee fails to restore the Lands as required by Section 2, the remedies provided in this

section may be exercised by the Transferor in respect of such failure, including payment of costs by the

ene at ete

Transferee. | ITEM

FJ-03/93