The City's servants or agents shall have the right at any and all times to
enter into and upon the Lands for the purpose of constructing, maintaining,
inspecting or removing any public works or utility in the vicinity of the
Works »

In The event of any alteration or change made necessary by the construction,
maintenance, use or removal of the Works to any meter, water service, sewer
or other public works or utility in the vicinity of the Lands, the Owner
shall reimburse the City for whatever sums it may have incurred in making
such alterations or changes as may be deemed necessary by the City.

This Agreement shal! not in any way restrict the right of the City at any
time to widen, raise or lower the roadway or boulevard abutting or adjoining
the Lands, notwithstanding that the effect of such alteration in width or
elevation or both may be to render the Works useless for the purposes of the
Owner AND in the event the City does alter the width or elevation or both of
the said roadway or boulevard, the Owner hereby releases and forever
discharges the City from all manner of claims of any nature whatsoever which
may arise by reason of such alteration in width or elevation or both, or by
reason of the discontinuance and removal of tne Works as a result of such
alteration in width or elevation or both.

The City may at any time in its sole discretion withdraw the rights it has
granted herein to the Owner and in the event of such withdrawal, for any
cause or reason whatsoever, the Owner shall, at his own expense, within a
period of six (6) months from the date of receiving such notice of
withdrawal or within such shorter time as may be specified by the City's
Council, remove the Works and fill up any excavation made, constructed or
maintained with respect to it, and otherwise restore the site to the
satisfaction of the City Engineer.

In the event the Owner fails to keep the Works or any covering or structure
pertaining thereto in good and sufficient repair to the satisfaction of the
City, or in the event the Owner fails to remove the works or to fill up any
excavation or to restore the site to the satisfaction of the City Engineer,
the City Engineer may in its sole discretion cause such repairs to be made,
including structural changes, as he deems necessary, or shall remove the
Works or fill in the excavation as the case may be, and the Owner shall pay
the costs of the repairs, removal or filling in to the City forthwith.

Waiver of any default by either party shall not be deemed to be a waiver of

any subsequent default by That party; whenever it is required or desired
that either party shall deliver or serve a notice on the other, deliver or

service shal! be deemed to be satisfactory if and deemed to have occurred
when:
1997
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