(a)

INDEMNIFIES the City and SAVES the City HARMLESS from
any and all liability whatsoever arising as a result of

the Encroachment or this Agreement or both including,

but without restricting the generality of the fore-

going, any and all Claims for loss or injury to persons
or to property due to the Owner's negligence or to the
Owner's failure to comply with the City's bylaws or any
one of them or with any provisions of this Agreement;

charges the Lands in favour of the city for the payment
of all sums which may at any time hereafter be payable
by the City in respect of any claims, loss, damage or
expense of whatsoever kina arising from the construc-
tion, maintenance or existence of the Encroachment or
from the acquiescence of the City herein contained; and

agrees that if as a result of this indemnification and

save harmless provision any moneys are owing at the end
of any calendar year by the Owner to the City under
this Agreement but not Paid whether by default or
otherwise, the moneys owing are hereby deemed to be a
Charge or lien on the Lands with priority over any
claim, lien, privilege or encumbrance of any person
except the Crown and this charge does not require
registration of any document except this Agreement to
preserve the charge and in addition to all other
remedies the City has for the collection of the moneys
owing the amount of the charge may be collected by. the
City in the same manner and with the like remedies as
ordinary taxes on land ana improvements under the Act.