5.00 Miscellaneous

5.01 All chattels and fixtures Installed by the Munictpallty
In the Right of Way Area are and shal ] remaln owned by the
Municipality, any rule of law or equity to the contrary
notwithstanding.

5.02 Notwithstanding anything here!in contalned the
Municipality reserves all rights and Powers otherwise enjoyed by
the Municipality, Including the power of expropriation.

§.03 Walver of any default by either Party shal! | not be
deemed to be a walver of any subsequent default by that party.

5.04 This Agreement shal} be construed as running with and
being a burden upon the Lands, but no Part of the fee of the soll
of the Lands sna! pass to or be vested In the Municipallty under
Or by these presents and if the Lands are Subdivided then the
Statutory Right of Way herein granted shail continue to run with
and bind each Subdivided parce! thereof of which the Right of Way
Area forms a Part and shall be forthwith released and discharged
from each other Subdivided parce!.

5.05 The covenants of the Grantor In respect of the Lands
and contalned herein shal} be persona! and bind!Ing upon the
Grantor only during the Grantor's ownership of any Interest In
the Right Of Way Area but the Right of Way Area shall
nevertheless be and remain at all times cnarged therew!lth, to the
Intent that upon the transfer of ai| Interest of the Grantor in
the Right of Way Area the Grantor shal] be freed and d!scharged
from the observance and performance thereafter of the covenants
on Its part In respect of the Right of Way Area and on Its part
to be observed and berformed,

5.06 Whenever it is required or desired that either party
serve a notice on the other, service’ shai] be deemed to be
Satisfactory If and deemed to have occurred when:

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

(b) on the date received Or on the sixth day after mailing
in any Canadian post office, whichever ls the earlier,
If maited by pre-paid registered mall, So long as the
notice Is malied to the party at the most recent
address shown on title to the Lands in the records of
the New Westminter Land Title Office for that party or
to whatever address the parties from time to time In
writing agree to.