2.
between the

(a)

tions of said lands shown within the heavy black line

on Explanatory Plan prepared by Robert
M. Reese B.C.L.S. and dated December 8, 1989;

the Covenantor shall indemnify and release the City
against any claim or action arising from the grant-

ing, registration, enforcement or non-enforcement of

this Covenant; and

without limiting paragraph 1(b), the Covenantor shall
not claim damages from the City or hold the City >
responsible for damage caused by settlement or ero~
sion to the said lands or to any building, improve~
ment or other structure built or located upon the
said lands or to any contents thereof; and

the Covenanter shall, at the expense of the
Covenantor, do or cause to be done all acts reason-
ably necessary to grant priority to this Agreement
over all charges and encumbrances which may have been
registered against the title to the said lands in the
New Westminster Land Title Office save and except
those specifically approved in writing by the City or

in favour of the City.

IT IS MUTUALLY UNDERSTOOD, AGREED AND DECLARED by and

parties hereto that:

the City has not made any representations to the
Covenantor or any other person except as contained in
this Covenant, and without limitation it is not
represented that the said lands or that a portion

thereof or any building, structure or improvement
constructed or located on the said lands will not be

damaged by settlement or erosion whether or not the
provisions of this Agreement are complied with; and

Be