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524
<br />IT IS FURTHER EXPRESSLY INDERSTOOD ikND AGREED by end between the parties
<br />hereto , that the provisions hereby made herein for incandescent lights and the
<br />terms relative to and which provides for the new incandescent lamps to be installed
<br />by said City and the terms of this contract, shall not be interpreted nor construed
<br />to relate to nor affect the prices provided in said contract so made between said Cisr
<br />City of 1
<br />Sou � end and said Indiana and Michigan Electric Company on the 24th. day
<br />of November
<br />IT IS FURTHER AGRRED between the parties hereto, that the said City of
<br />South Bend shall pay for said lights so installed under the terms and -conditions
<br />hereof, at the rate provided herein'upon the terms and conditions as to time and
<br />manner of payment provided in said contract of November 24,1913.
<br />IT IS UNDERSTOOD AND AGREED by and between the parties hereto, that the
<br />City will locate immediately, for permanent installation, not less than 400 arc
<br />lamps as Lrovided in said contract of Novemi er 2491913, and under the terms and
<br />conditions therein stipulated, and the remainder or residue of the arc lamps exceed-
<br />ing 400 in number of the kind now installed and as and vdiere the same are now located
<br />shall re-,,;ain until such time as the City shall determine definitely whether it
<br />desires to install incandescent lamps as herein provided, or new arc lamps of the
<br />kind and description as provided in said contract of November 24,1913, and as the
<br />City shall decide and determine whether it desires incandescent lamps or said new
<br />arc lamps pro vi-ed in said contract aforesaid, the party of the second part will
<br />remove existing enclosed are lamps and install such incandescent lamps, or such arc
<br />lamps, as are ordered and required by said City, under the terms, conditions and pro-
<br />visions of this contract, the intention being to give unto the said City of South
<br />Bendm the full opportunity and right to determine the kind and location of lamps.
<br />it desires for permanent installation and use in said City.
<br />IT IS 1DTR"HER EXPRESSLY AGREED between the parties hereto,that the locator
<br />location of said incandescent lights herein provided for shall be selected by the
<br />Board of Public Works of the City of South Bend, and such lamps shall be placed in
<br />such location as may be named and designated by said Board, provided, however, that
<br />such lamps in the overhead district sha'i_1 not be located over an average distance of
<br />300 feet apart, excluding inn arriving at said average distance,, such occasional
<br />lamp as may he installed along; constructed arc lines where no extension may be nec-
<br />essary to install such additional lamp, and provided further, that such a number of
<br />incandescent electric lamps as represent five per cent of the arc lights installed
<br />by said City to be substituted by such incandescent li hts, may be loceted by said
<br />Board of Public Works in any place or location selected by said Board irrespective of
<br />distance. In all cases where a. light is to be located, said average distance shall
<br />be computed by measuring the distance of lights from the nearest point of available
<br />operating connections, measuring along an alley or street.
<br />This contract shall be binding between the parties hereto from the date
<br />of its execution, and all the rates, tolls and charges provided herein shall be in
<br />full force and effect as between the parties hereto, unless the same be modified,
<br />altered or changed by the Public Service Commission of Indiana, and said rates,
<br />tolls and charges and the terms and conditions relative to the same, are subject to
<br />any alteration, modificationor change which may be ordered by said Public Service
<br />Commission of Indiana.
<br />IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED by and between the
<br />parties hereto, that this contract is made supplemental to and as an extension of the
<br />contract of November 24219131, under the terms, specifications, rights and privileges
<br />therein provided, and all the terms and conditions provided in said contract of
<br />November 24,1913, shall be and apply to the terms and conditions of tis contract and
<br />shall be merggd herein, except where it is expressly provided and stipulated dif-
<br />ferently herein, and that this agreement shall be contrued:to be made, and is made,
<br />under the authority and power given by the terms of said contract of November 24,
<br />1913, as specified in said contract.
<br />IN WITNESS MEREO F, the said City of South Bend has hereunto signed
<br />its name b-, and through its Board of Public Works, and attested the same with the
<br />seal of said City, and the said Indiana and Michigan Electric Company does subscribe
<br />its name hereto by Fred A. Bryan, president, attested by Charles Calvert, Secretary
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