-2<

and all excavation - and other work or construction now or
hereinafter performed in connection therewith (all of which are
the "Works") shall be confined to the areas in red on Schedule

"A®,

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

The Owner shall at all times and at her own expense
keep and Maintain the Works in good and sufficient repair to the
Satisfaction of the City, and nO structural alterations shall be
made to the Works other than those described in a currane
building permit application and shown on Schedule "A",

5. No provision of this Agreemenc and no act or omission

or finding of negligance, whether joint or sevaral, as against

shall operate to reliave

in any manner whatsoever

City, whether such liability arises

under this Agreement, under the provisions of the Municipal Ace
R.S.B.C. 1979, ©. 290 ana amendments thereto, Or otherwise,

6. If the Owner violates any provision of this Agreement,

OF 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 Owner, immediately cease
but the City shall retain the Fight to proceed with the
anforcemens: of any sacurity or indemnity Provided or provided for
herein in Satisfaction of any claim, Loss or expanse of any kind
whatsoever arising under this Agreement or form the permission to

encroach granted heraby.

7. The Owner:

a) indemiifies, saves harmless, releases and foraver
discharges the City from and against any all
manner of actions, causes of actions, Claims,
debts, suits, demands and promises whatscever at
law or equity, whether known or unknown, which the
Owner now has or at law or equity, whether known
OF unknown, which the Qwner now has or may at any
time by reason of;

(1) the Permission to ancroach granted hereby; or