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provided for by this Agreement not caused by the negligence <br /> of the Company. <br /> 11. In accordance with the foregoing Section 3, <br /> title to all initial pedestals and conduit installed by <br /> Company shall be in City; Company agrees to keep such property <br /> in repair during the term of this Agreement. In this con- <br /> nection, should such pedestals or conduit be damaged by <br /> third parties, Company shall effectuate such repairs and shall <br /> have the right to proceed against such third parties for re- <br /> covery of any damages incurred. In the event such pedestals <br /> and conduit are relocated for any reason whatsoever, or any <br /> additional pedestals or conduit are installed the costs of <br /> such relocation or installation of such additional equipment <br /> shall be the responsibility of and paid by City. <br /> 12. City agrees that the equipment, facilities and <br /> services provided hereunder as part of the System are in addi- <br /> tion to all other telephone services presently being furnished <br /> City by Company. <br /> 13. The parties agree that this Agreement shall be <br /> effective only after the same is approved and confirmed by <br /> the City Council of the City of South Bend, Indiana, by <br /> ordinance proper and appropriate in the premises. <br /> IN WITNESS WHEREOF, Indiana Bell Telephone Company, <br /> Incorporated has caused this Agreement to be executed in its <br /> name and on its behalf by its Vice President and the execution <br /> thereof to be attested by its Secretary, they being duly <br /> 6 - <br />