sR OS
tihieky Coens

Page 10 of 11.

5. (a) The Owner and the City acknowledge and agree that
either party may cancel this Agreement in the event that the
Owner provides sufficient parking as required under the City's
Bylaws to the satisfaction of the City in some alternative

manner.

(b) If the Owner ceases to operate its business, the
Owner shall not be liable to make any ongoing monthly payments,
but the restrictions on use shall continue to apply and the
Covenant pursuant to which this agreement is attached shall
continue in force and to be registered against title with the
intent that any successor in title to the Owner shall be bound to
provide parking as required by the City's bylaws and to enter
into an agreement in this form, if necessary, to satisfy the

City.

6. Whenever the singular or. masculine is used herein, the
same shall be construed as meaning the plural, feminine or body
corporate or politic where the context or the parties so require;
this Agreement runs with the said lands; every reference to each
party hereto shall be deemed to include the officers, employees,
elected officials, agents, servants, successors and assigns of
that party; this Agreement and each and every provision hereof
shall enure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns, as the case
may be, NOTWITHSTANDING any rule of law or equity to the
contrary; and if any section, subsection, clause or phrase of

this Agreement is for any reason held to be invalid by the
decision of a Court of competent jurisdiction the invalid portion