(b)
the Grantor may at any time require Hydro to attach a revised survey plan to
this Agreement to include those additional portions of the Lands.
3.1
[IF WORKS NOT YET CONSTRUCTED] The parties acknowledge that Hydro has
not constructed or installed Works on the Right of Way Area as of the date of this
Agreement, and that the Plan represents Hydro’s best estimate as to the best location
for the Works when constructed. Hydro shall make reasonable efforts to construct
and install the Works within Areas A, B and C, as shown on the Plan attached as
Schedule “A”, but the parties acknowledge and agree that some variation may be
necessary due to topography and other considerations. The parties agree to act
reasonably and flexibly in considering such variations in the final location of the
Works. Hydro will prepare, at its sole expense, a legal as-built survey of the Works
when constructed, and, if they are not able to give full force and effect to the process
set out in subsection 6.1(a), the parties will enter into an amendment of the
Agreement in order to replace Schedule “A” with the as-built legal plan of Areas A, B
and C.
4.0
NON-EXCLUSIVE USE
4.1
This Agreement will not entitle Hydro to exclusive possession of the Area of the
Works or Area C, and the Grantor reserves the right to grant other dispositions of any
Lands affected by this Agreement, so long as the grant does not materially affect or
interfere with the exercise of Hydro’s rights under this Agreement.
5.0
PROTECTION OF THE ENVIRONMENT
5.1
Hydro will undertake activities permitted under this Agreement having regard for the
impact on the Environment, and will take prudent measures to minimize the danger or
disruption to the Environment.
5.2
Hydro will remediate any contamination it causes to the Lands as a result of the
exercise of its vegetation management rights under paragraph 2.1(c)(vi) of this
Agreement.
6.0
COVENANTS OF HYDRO
6.1
Hydro covenants with the Grantor that:
(a)
After the construction of the Works, or any relocation of the Works in
accordance with Section 8.1 on or about the Lands, Hydro will cause that
portion of the Lands used by Hydro for the Works as contemplated in
subsection 2.1(a) to be surveyed by a British Columbia Land Surveyor and
will deliver such survey plan to the Grantor. Upon the delivery of such survey
plan to the Grantor, that portion of the Lands so surveyed will be deemed to
be the Right of Way Area for purposes of interpreting this Agreement and as
modified under this Agreement from time to time. The Grantor authorizes
Hydro and the registrar of the relevant land title office to do all things
necessary in relation to the filing of the survey plan for the Right of Way
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