(d) 2.2 (b) the Grantor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work. If Hydro and the Grantor cannot agree on a work plan requested by Hydro within 30 days of receipt by the Grantor of the proposed work plan, then either party may refer the disagreement to dispute resolution under Article 14 of this Agreement; (c) Hydro will pay compensation for any damage resulting from the work plan, or from any measure taken by Hydro pursuant to this paragraph; (d) if Hydro determines that an emergency exists or there are imminent safety concerns, Hydro may, without the approval of the Grantor, undertake works and take such measures on the Area of the Works and Area C as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk, and in that event Hydro will as soon as reasonably possible notify the Grantor; and generally, do all such other acts or things as may reasonably be necessary or incidental to the business of Hydro in connection with any of the foregoing. The rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when Hydro no longer requires the Lands, and: (a) Hydro gives 90 days written notice to the Grantor; or (b) the Grantor gives 90 days written notice to Hydro. 3.0 RIGHT OF WAY AREA 3.1 [IF WORKS CONSTRUCTED] The parties acknowledge that they have made reasonable efforts to identify all the existing Works and related Right of Way Area as of the date of this Agreement. However, as there may still be some Works that were missed in the identification process the parties agree that for such Works the Grantor grants to Hydro for so long as required, a right of way over those portions of the Lands upon which such Works are located on the following terms: (a) for such Works, Hydro holds the same rights, privileges and obligations as apply to Hydro for the use of the Right of Way Area, the Area of the Works and Area C under this Agreement, including the right of reasonable access over the Lands for the purpose of gaining access to such Works; and 113

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