4. Covenants of the City 7 The City shall:

(1) carry out the Works in a qood and workmanlike manner in order to cause no unnecessary damage or disturbance to

the Grantor, the Lands or any improvement or chattels on a , the Lands;

(2) not bury, without the prior written consent of the Grantor, debris or rubbish in excavations or backfills;

(3) remove shoring and like temporary structures as backfilling proceeds;

eh (4) rake up all rabbish and construction debris it creates CO a * Parana in order to leave the Right of Way Area in a reasonably ; po : neat and clean condition; and

(5) not be unreasonable in any of its opinions formed under this agreement.

5. Miscellaneous ee

(1) All chattels and fixtures installed by the City in the 7 Right of Way Area are and shall remain owned by the city,

any rule of law or equity to the contrary notwithstanding.

| a (2) Notwithstanding anything herein contained the city ee Jos reserves the right and powers otherwise enjoyed by the BO cee City, including without limitation the power of a — ; 4 expropriation. po So

(3) Waiver of any default by either party shall not be deemed | oe to be a waiver of any subsequent default by that party. .

(4) This Agreement shall run with and be a burden upon the . Lands, but no part of the fee of the soil of the Lands Shall pass to or be vested in the City under this Agreement and if the Lands are subdivided then tha , . | es Statutory Rights of Way herein granted shall continue to — po of run with and bind each subdivided parcel thereof of which : _ the Right of Way Area forms a part and shail be forthwith

released and discharged from each other subdivided parcel.

_ (5) The covenants of the Grantor in respect of the Land and contained herein shall be personal and binding upon the Grantor only during the Grantor's ownership of any

interest in the Right of Way Area to the intent that upon

the transfer of all interest of the Grantor in the Right