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<br />514
<br />MEETING DECEMBER 11, 1939
<br />The monthly installments will be subject to the following discounts:
<br />First 3000.00 of monthly installment - net
<br />Next 1000.00 of monthly installment - 5%
<br />Next,1000.00 of monthly installment 105
<br />Balance of monthly installment installmen15
<br />It is understood that of the above lights contracted for, there are the following,
<br />to -wit:
<br />0 -
<br />10000
<br />lumen,
<br />incandescent
<br />lamps,
<br />overhead
<br />service
<br />5 -
<br />6000
<br />lumen,
<br />incandescent
<br />lamps,
<br />overhead
<br />service
<br />8 -
<br />4000
<br />lumen,
<br />incandescent
<br />lamps,
<br />overhead
<br />service
<br />5 -
<br />2500
<br />lumen,
<br />incandescent
<br />lamps,
<br />overhead
<br />service
<br />2 -
<br />lobo
<br />lumen,
<br />incandescent
<br />lamps,
<br />overhead
<br />service
<br />23-
<br />1000
<br />lumen,
<br />incandescent
<br />lamps,
<br />underground service
<br />which are for the Department of Public Parks of said City but that the same shall not
<br />be treated separately in billings by the contractor.
<br />10. The Contractor shall have the right with the consent of the Board of Public
<br />Works of the City at any time during the life of this contract to install, operate and
<br />maintain in the place of the lamps herein provided for, and under the same terms and
<br />conditions, other and more improved lamps in keeping with such advancement as may be
<br />made in the art of lighting, which lamps shall be of equivalent or greater illuminating
<br />power.
<br />11. In authorizing or granting a permit to any person, firm or corporation to
<br />repair or cut into any sheet, alley or sidewalk -in which street lighting units and
<br />lines and cables supplying current thereto are located, the City shall require, as a
<br />condition to the granting of such permit, an agreement on the part of the applicant that
<br />such lines and cables and street lighting units will not be interfered with in any manne
<br />without notice to the Contractor.
<br />12. If the City shall make default in the payment of any bills as he-reinbefore
<br />provided, the Contractor may at its option after having given ten (10) days written
<br />notice of its intention so to do, discontinue the service herein contracted for and
<br />continue to withhold the supply of electrical energy for street lighting until such
<br />a time as the City has made payment for all bills in which it is in arrears. Any
<br />suspension of service'by the Contractor shall not terminate this contract unless Contrac
<br />or so elects. Otherwise, upon payment by the City of the amount it is in arrears, the
<br />contract shall remain in full force and effect for the period herein specified.
<br />13. It is further understood and agreed that the terms of the within,,.contract
<br />contain the entire agreement between the parties. It is understood, however, that noth
<br />herelh"contained shall prevent a modification of this contract hereafter by mutual a.gre
<br />ment of the parties.
<br />14. All the covenants, expressions, terms, conditions, provisions and agreements
<br />herein shall extend to.and be binding upon, or inure to the benefit of as the case may
<br />each and every one of the successors or assigns of each of the parties hereto as if in
<br />every case so expressed.
<br />15, This contract is made subject to the jurisdiction of any governmental authori
<br />or authorities having jurisdiction in the premises, and if any of the terms and conditio:
<br />hereof are altered or made impossible of performance by the juri-sdiction of any govern-
<br />mental authority, then in such event neither party hereto shall be liable to the other
<br />for failure to comply with such terms and conditions.
<br />16. This contract shall be in force and effect from and after its approval by
<br />ordinance for a period of five ( 5 ) years from and after the first day of January, 1940,
<br />at noon, at the rates aforesaid unless and until otherwise ordered by the Public Service
<br />Commission.
<br />IN WITNESS WHEREOF, the said City of South Bend, Indiana, has caused its corporate
<br />seal to be hereunto affixed and this contract to be signed by the Board of Public Works
<br />of said City and attested by the Clerk thereof, and said Indiana & Michigan Electric Coin
<br />pany has caused this contract to be duly executed in triplicate, this day and year above
<br />written. .
<br />(Seal)
<br />Board of Public Works
<br />ATTEST:
<br />James P. Conboy, Clerk
<br />(seal)
<br />Indiana & Michigan Electric Co.,
<br />ATTEST:
<br />Chas. B. Calvert, Assistant Secretary.
<br />CITY OF SOUTH BEND, INDIANA
<br />Clyde E. Williams (Signed)
<br />George N. Beamer (Signed)
<br />Harry S. Driggs (Signed)
<br />B oard of Public Works
<br />INDIANA & MTICHIGMT ELECTRIC COMIPANY
<br />By Thos. F. English (Signed)
<br />Vice -President
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