No provision of this Agreement and no act or omission or finding of negligence, whether joint or several, as against the City in favour of any third party, shall operate to relieve or shall be deemea to relieve the Owner in any manner whatsoever from any liability to the City, whether such liability arises under this Agreement, under the provisions of the Municipal Act R.S.B.C. 1979, c. 290 and amendments thereto, or otherwise.

lf the Owner violates any provision of this Agreement, or any provision of the City's bylaw, al! rights accruing to the Owner under this Agreement shall, unless the City otherwise decides in response To a request by the Owner, immediately cease but the City shall retain the right to proceed with the enforcement of any security or indemnity provided or provided for herein in satisfaction of any claim, loss or expense of any kind whatsoever arising under this Agreement or form the permission to encroach granted hereby.

The Owners

a) indemnifies, saves harmiess, releases and forever discharges the City from and against any all manner of actions, causes of actions, claims, debts, suits, demands and promises whatsoever at law or equity, whether known or unknown, which the Owner now has or at law or equity, whether known or unknown, which the Owner now has or may at any time oy reason

of: The permission to encroach granted hereby; or

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

including, but without restricting the generality of the foregoing, a claim for loss or injury to persons or to property due to the Owner's negligence or to the Qwner's failure to comply with the City's bylaws or any one of them or with any provision of this Agreement and as security for the obligations of the Owner, the City in its sole discretion may require that, immediately upon execution of this Agreement or at any time thereafter, the Owner deposit with the City security in a form and amount satisfactory to the City Engineer or that the Owner have the City named as co~insured on an insurance policy in a form and amount satisfactory to the City's insurance advisors.

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, {ien, privilege or encumbrance of any person except the Crown and this charge does not require registration of any document excepT this Agreement tc 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 and improvements under the Act.