the requirements of the Canadian Standards Association’s Canadian Electrical
Code, as may be amended from time to time; and
(i)
the Grantor will not use, or authorize the use of the Right of Way Area for
fuelling any vehicle or equipment;
(j)
the Grantor will not intentionally do or authorize any act or thing that injures
or endangers the Works;
(k)
the Grantor will not use or authorize the use of the Right of Way Area for any
purpose, including the construction of any improvements, that in the sole
opinion of Hydro would be unsafe or would interfere with Hydro’s use of the
Right of Way Area; and
(l)
except for the consideration payable by Hydro on the execution of this
Agreement in the amount of $10, the Grantor will not assess any fee, charge,
toll, levy or expense on or in connection with the rights herein granted.
12.0
COMPENSATION FOR DAMAGES
12.1
Subject to the rights granted in this Agreement, Hydro covenants with the Grantor
that if Hydro or its contractors, damage any structures, buildings, fixtures,
improvements, or chattels outside of the Area of the Works, or damage any crops,
merchantable timber, livestock, drains, ditches, culverts, fences, trails, bridges, or
roads on the Lands, and such damage or contamination is not caused as a result of the
Grantor’s breach of the terms of this Agreement or the negligence or wilful act of the
Grantor or its contractors, agents or permittees, that Hydro will:
(a)
compensate the Grantor for such damages, to the extent caused by Hydro; or
(b)
within a reasonable period of time, repair in a good and workman-like manner
any damaged structure, building or improvement, as closely as is practicable
to its condition immediately prior to the damage.
12.2
Compensation paid to the Grantor for merchantable timber pursuant to Section 12.1
will be in accordance with generally accepted principles of timber valuation and the
parties agree that on payment, title to any timber cut on the Lands under this
Agreement will vest in Hydro.
13.0
INDEMNITY
13.1
Hydro will save harmless and indemnify the Grantor from and against all claims,
demands, actions, suits or other legal proceedings by whomsoever made or brought
against the Grantor by reason of or arising out of:
(a)
any breach, violation or non-performance by Hydro of any of Hydro’s
covenants, conditions or obligations under this Agreement; and
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