|4. IN consideration of the license hereby granted the Licensee
(a) Pay to the Board the sum of - Ten shillings - for
each calendar year or part thereof during which this license shall be
subsisting the first payment to be made on the execution hereof and
subsequent payments to be made in advance on the First day of
January in each year.
(b) Not allow any flooding to occur by reason of the existence
of the said works or the user thereof by the Licensee.
5. IF at any time hereafter default shall be made by the Licensee
in maintaining the said works the Licensee shall upon the Board giving
seven days notice in writing under the hand of their Clerk make good
and repair such default as the Board shall direct provided that in the
case of default by the Licensee in complying with such notice or in the
case of emergency (of which the Engineer shall be the sole judge) the
Board shall be at liberty without notice to make good and repair such
default and the execution and doing of such works and things as the
Engineer shall think necessary and all expenses incidental to the prepara-
tion and giving of such notice and the execution and doing of such works
and things by the Board shall be a debt due to the Board by the Licensee
and shall be repaid to the Board by the Licensee on demand the amount
of such expenses to be ascertained and certified by the Engineer whose
certificate shall be conclusive.
6. (a) This agreement may be determined by either of the parties
hereto giving to the other three calendar months notice in writing of
their intention so to do.
(b) Should the Licensee fail to observe any of the conditions
herein contained and on - his part to be observed and performed
the Board on such failure shall be at liberty to determine this agreement
(c) On determination of this agreement the Licensee will
immediately remove the said pipe and will restore the
bank of the said main river to the condition in which it was before the
construction of the said works.
7. THE Board shall not be responsible for any damage injury or
interference which may happen or be caused either directly or indirectly
to the said works or with the user thereof as a result of the exercise by
the Board of any of their powers.
8. THE Licensee undertakes to save harmless and keep indemnified
the Board from and against all actions claims costs damages or liabilities
arising in consequence of the exercise by the Licensee of the rights
conferred on him by this agreement.