nereby grant a covenant to the City thac:

the Lands shall not be used im a manner which
damages the adjacent highway;

th Lands shall be used in accordance with the
terms and conditions of Schedule "i" hereto;

the Lands shall be used in an integrated manner
with the Encroachment Area defined in Schedule
"1" hereto: and

the Lands shall only be used and developed in
accordance with the bylaws of the City as they
may be from time to time.

A subsequent reference in this Covenant CoO a term defined in
Schedule "1" includes a reference to the definition of that term in
Schedule "1", ;

2. The restrictions and covenants in this Covenant are
covenants running with the Lands.

3. Nothing in this Covenant affects the City’s rights and
powers in the exercise of its Statutory functions under its
statutes, bylaws, resolutions, orders and regulations, all of which
may be fully exercised in relation to the Lands as if this Covenant
had not been granted.

4.(1) The Covenantors indemnify and save harmless the City from
all loss, damage, costs, suits and actions and claims of any kind,
however caused, whether known or unknown, arising out of or in anv
way connected with:

the grant of this Covenant, including without
limitation, the permission to encroach;

the existence and use of the Encroachment Area;

the construction, maintenance, existence, use or
removal of the Works; or

any injury to person (including bodily injury or
death or damage to ocr loss of property on or
about the Encroachment Area).

(2) The indemnity in Subsection (1) includes, without
limiting the generality of the foregoing, a claim for loss or
injury to persons or to property due to the Covenantors’ negligence
or to the Covenantors’ failure to comply with the City’s bylaws or
any one of them or with any provision of this Covenant.

5. No finding of negligence, whether joint or severai, as
against the City in favour ofa PAGES Party in an action to which

of