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193' <br />�p <br />in any any and all damages, claims, demands, actions or causes of as <br />tion and suits at law, including the cost incident thereto, for injury <br />i. <br />or damage to person or.property which may be sustained by or accrue to <br />or which, may be claimed to have been sustained by or.to have accrued to, <br />-any person, persons or corporation whatsoever growing out of or ocaa- <br />sioned by such suspension or the presence, maintenance or use 'of such ' <br />i <br />traffic signals and wires on or about said poles, span wires and. over- <br />°head construction work, whether such injury or damage shall be sustain- <br />. ,. <br />ed or accrue through the agency of electricity or otherwise. <br />IJ <br />Provide&, in the event that any action for damages shall be com - <br />menced against said Railway Company wherein it is claimed either by said. <br />Railway Company or other party that the damage or ,injury in whole or in <br />part grew out of, arose or resulted from such suspension or the presence, <br />fntenanee or use of such. traffic ,signals and wires on , or about said <br />a <br />poles, span wires, overhead construction work or eleotricity.transmittec <br />16 <br />thereover, the Railway Company shall, within ten days after any such ac -- � <br />tion ,shall have been commenced, notify said-City in writing_of the com <br />mencement thereof, and the City shall have the right to appear and de- <br />fend against said action). And if said notice: shall have been given by <br />said Railway Company to said City, as hereinbef ore provided, said ,City <br />agrees (subject to the proviso hereinafter immediately stated) to and <br />shall :pay all costs and expenses of, and judgments recovered in, any <br />such action; provided, however, said City reserves and shall haug_the <br />right to establish by final judgment or finding of a court of competent <br />jurisdiction that such-cause of action so recovered on did not in.whole <br />or in part grow out of, arise or result from such suspension, 'or the: <br />presence, maintenance or use of such traffic signals or wires on or <br />about said poles, span wires, overhead construction wcrk, or ele etricai- - <br />ty transmitted thereover, but, subject only to such right and reserva- <br />tion, any such judgment, the amount thereof, the liability therefor and <br />2- <br />