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 ana 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 current building permit application and shown on Schedule "A".

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 deemed 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, ¢. 290 and amendments thereto, or otherwise.

if the Owner violates any provision of this Agreement, or any pravision of
the C ty'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 shal! 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 Owner:

a) indemnifies, saves harmless, 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 |!aw 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 by reason

of:

(i) the permission to encroach granted hereby; or

(ii) the construction, maintenance, axistence, use or removal of the
Works

including, but without restricting the generality of the foregoing, a
claim tor loss or injury to persons or to property due to the Owner's
negligence or to the Owner'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 harmiess
provision any moneys are owing at the end of any calendar year by. the
Owner to tha 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, lien, privilege or

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