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and all excavatzon and other work or comstzuct:on now or
hereinafter performed in connectzon therawith (all of which are
the “‘Works*) shall be confined to the areas in red on Schedule
"Ae.

3. The Owner shall pay to the City the sum of one dollar
($1.00), recezpt of which is hereby acknowledged by tho City.

4. The Owner shall at all times and at her own expense
keep and maintain the Works in good and sufficient repair to the
satasfaction of the City, and no stzuctural alterations shall be
made to the Works other than those described in a current
building permit application and shown on Schedule °A*.

5. No provision of this Agreement and no act or omission
or finding of negligence, wherhar jcint or several, as against
the City in favour of any third party, shell operate to ralieve
or shall be deemed to relieve the Owner in any manner whatsoaver
from any liability to the City, whether such liability arizes
under this Agreement, under the provisions of the Municival Act
R.S.5.C. 1979, c. 290 and amendmancs thereto, oF otherwise.

6. If thea Owner violates any provision of this Agreement,
or any provision of the City’s bylaw, all rights accruing to the
Owner under this Agreement shall, unless the City otherwise
decides in response to a request by the GQwnsr. immediately cease
but the City shall recain the rcight to proceed with the
enforcement of any security or indemnity provided or provided for
herein in satisfaction of any claim, loss or expanse of any kind
whatsoever arising under this Agreemant or form the permission to
encroach granted hereby.

The Owner:

a) indemnifies, saves harmless, releases and forever
discharges the City from and agaginat any all
manner of actions, causes of actions, clains,
debts, suits, demands and promises whatsoever at
law or equity, whether known or unknown, which the
Owner now has or at law or equity, wheather known
or unknown, which the Owner sow has or may at any
eime by reason of:

(1) the permission to encroach granted herepy; or