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<br />Monday November 8th•1,1915• Continued.
<br />Sec. 3- As a part of the consideration for the execution of this contract,
<br />it is hereby expressly agreed by and between the parties hereto that the said second party
<br />shall not be required to extend or give service to any person. or persons, firm or corporation
<br />who may apply for said serwiee.whdse property is,not adjacent to'or does not abut upon the
<br />above streets, alleys or public places along the portions above described, but said second
<br />party may extend such service under its rules and regulations, said, extendsions being
<br />subject to the approval of the City of South Bend.
<br />If, after the approval by the City of South Bend, said second party shall
<br />elect to grant service unto parties whose property is not adjacent to said portions of said
<br />streets, alleys and public places, said second party. is hereby given ,the power and authority
<br />so to do under the rates, tolls, charges, rules, schedules and regulations published and
<br />promulgated by said second party and placed on file with the Public Service Commission of
<br />Indiana, provided , however, that said second party shall at least five days before the
<br />commencement of work in any street, alley or public place, file with the Board of Public
<br />Works of the first party a detailed plan showing the location and the proposed work in
<br />any street, alley or public place for such service to be so rendered, and such service,
<br />condition of service, power and authority and grants in connection threwith, shall be con-
<br />trolled by, construed under and continue for the full term of.this contract as herein
<br />provided.
<br />Sec. 4 -Said second party is hereby vested with full power, right and
<br />authority to make all excavations and do such other things as may be necessary in and upon
<br />such streets, avenues, alleys, bridges and other public places so as to construct and lay
<br />on or therein all such pipes, manholes, appliances and appurtenances as shall be reasonably
<br />necessary for the transmission and distribution of steam for heating and other purposes, con-
<br />tracted and agred to be done by it. That all such work shall be done with resonable
<br />dispatch and with the least possible inconcenienee to the public, and all such vo rk shall be
<br />done in such ma-ner as not to interfere in the least possibale manner with any water or
<br />gas pipes, public or private severs or underground wires or any underground conduits then
<br />laid o constructed by said city or any authorized person or persons, firm or corporation,
<br />and in the event of any interference, the cost occasioned thereby shall be borne by said
<br />second partyg
<br />Said second party shall also, at its own expense and without unreasonable
<br />delay, restore and repair, or cause to be restored and repaired, in accordance with the
<br />terms and provisions of Ordinance No. 1550, passed by the Common Council of the City of
<br />South Bend on May 9919MO, and any other ordinance pertaining thereto,.all streets, aveues
<br />alleys, sidewalks, bridges and other public places where excavations have been made by it
<br />for any of the purposes herein, contemplated.
<br />Sec. 5- That' said second parJ7 hereby undertakes and binds itsseld, its
<br />successors and assigns, to fully indemnify and save the City of South Bend harmless
<br />against or by resaon of any claim for damages on account of anything done under the terms
<br />of this contract, or by reason of its negligence in the construction, maintenance or
<br />operation of its said system and the appliances and appurtenances thereof in any of the
<br />said streets, avenues, alleys or other public places under the temps of , this contract, and
<br />said second party shall$%henever notified so to do by said City, promptly and at its own
<br />expense, appear and defend any action at law or suit in equity brought by any person or
<br />persons, firm or corporation against the City in any court upon such claim.or demand. Any
<br />final judgement or decree that may be rendered in any such action or suit against the City
<br />shall be paid or performed, as the case may be, by the second party, and the City by it
<br />kept harmless and saved from liability thereon, p-ovided, however, that said City shall,
<br />before the return day of any summons served upon said City for any damage or claim for
<br />injury, which said summons has been issued.incident to a suit or action upon which any such
<br />claim for injury or damage, notify said second party in writing of the service of such process
<br />upon said City and of the pendency of said cause, to the end that said second party may
<br />appear by its representatives or otherwise, and defend any such action or suit, and if said
<br />second party shall fall to appear and defend any such action or suit, said first party
<br />shall have the right to employ counsel and take such reasonable and necessary steps
<br />to make an effective and proper defense of said cause of action, and any such sum of
<br />money so reasonably expended by said City in the defense of such action occasioned by
<br />the failure of the second party to appear and defend the same, may be receovered of and
<br />from said second party.
<br />In the event any final judgement or judgements be rendered against
<br />said City in such suit or action, the amount of such final judgement or judgements and the
<br />costs thereof shall be paid by the second party, and in event that said second party
<br />shall fail to pay the same and the City shall be compilled to bring suit against said second
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