(c)
the Grantor agrees to pay all reasonable costs and expenses, including costs of
design, supervision and construction (before any relocation, the Grantor will
pay the costs and expenses as estimated by Hydro, with appropriate
adjustments based on actuals after the relocation is complete); and
(d)
the rights, liberties and rights of way under this Agreement will extend to the
relocated Works and associated areas, so that it has similar priority over other
charges and encumbrances, and Hydro will thereafter surrender its interest in
the portion of the Lands no longer required.
10.0
REMOVAL OF WORKS
10.1
If Hydro no longer requires all or a portion of the Right of Way Area, then Hydro
shall, in respect of such Right of Way Area:
(a)
quit peaceably such Right of Way Area;
(b)
remove any Access Improvements no longer required in relation to such Right
of Way Area;
(c)
remove all above ground Works from such Right of Way Area within a
reasonable period of time and any Works remaining on that portion of the
Right of Way Area will be absolutely forfeited to and become the property of
the Grantor. If the Grantor removes any remaining above ground Works
within four (4) years, Hydro will, on demand by the Grantor, reimburse the
Grantor for all reasonable costs of removal; and
(d)
remain liable for any environmental damage to the Lands arising from any
below ground Works that remain on or in such Right of Way Area, except if
the Grantor uses or authorizes the use of any of the remaining below ground
Works for any purpose then Hydro will not be liable for any environmental
damage caused by the Grantor’s use, or authorized use; and to the extent
necessary, this covenant will survive the termination of this Agreement.
11.0
COVENANTS OF THE GRANTOR
11.1
The Grantor covenants with Hydro that:
(a)
Hydro shall and may peaceably enjoy and hold its rights under this Agreement
without interruption, disturbance, molestation or hindrance whatsoever from
the Grantor or any other person lawfully claiming from or under the Grantor,
and by the exercise of any authority under the Final Agreement, provided
however that nothing in this subsection 11.1(a) shall limit the Grantor’s right
of inspection pursuant to subsection 6.1(h);
(b)
without limiting the generality of subsection 11.1(a), the Grantor agrees that
Hydro, in carrying out its rights and obligations under this Agreement, is only
subject to industry standards, and applicable statutes, regulations, by-laws and
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