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<br />party for the reimbursement of any damage or cost so incurred by said City, the final
<br />judgement rendered against said City, together with the costs thereon, shall be deemed
<br />a d taken t be th measure o e dame ee in such suit o suits nd shall b n
<br />c8sive evidence o� the amoun to be reovereci against said Second part', and said
<br />City ]shall fail. to notify said second party 9X the pendency of said cause of action
<br />as provided herein, said second party stall not be liable to said first party for the
<br />payment of any damage or costs rendered or entered in such cause 'of action.
<br />Sec. 6. Said second party is further hereby authorized and empowered to tap
<br />and connect with any sewer in any street, avenue, alley, or a?-y private or public
<br />places to be occupied by any pipes, mains, conductors, service pipes, appurtenances or
<br />construction work of said second party for the purpose of draining its system of con-
<br />duits,, pipes, mains conductors, appurtenances and construction work laid and constructed
<br />by said second party under the provisions of this contra at, provided, howvever$ that
<br />general plans showing the method of making such taps or c.onneetdon shall be first filed
<br />with the Board of Public Works, which plan shall be subject to the approval of the
<br />Board of Public Works,:andlafter approval said. Board of Public Works shall cause to be
<br />issued a permit for the work *..to:be done as specified in said general plans so' filed
<br />without unnecessary delay.
<br />See. 7. In the construction of its said work and the laying of its said pipes,
<br />the second party is hereby required and compelled to lay and construct its street mains,
<br />service pipes and other appurtenances with due conformity to the 'estabilished grade
<br />lines of the streets, alleys, avenues and other public places in vhich the same are
<br />authorized to be laid or constructed herein, and all of such conduits' and pipes shall
<br />be laid at such a depth as to give a covering over the top of the conduits of not less
<br />than two (2) feet, except in crossing gutters, or meeting unforeseen obstructions, said
<br />second party shall have a lee -way of one (1) foot covering over said conduits.
<br />Sec. 9 That said first party may require ' said seond party to file with
<br />the Board of Public Works, at least two days prior to making any excavations in any of
<br />the streets, alleys, avenues or public places in said City for the construction and
<br />installation of its said system, a general plan showing the extend ofthe work proposed
<br />to be done in construction and in installing the same, which plan shall be approved
<br />by the Board of Public Works be ib re work i s , started, and upon the completion of the
<br />Installation and construction of its said system, said second party shall furnish the
<br />Board of Public Works a detailed drawing, of the entire underground work, drawn to scale
<br />showing thereon the fUll and complete plan thereof, including street mains, service
<br />pipes, expansion joints, valves, manholes and other appurtenances, and if at any time
<br />hereafter any change is made in theconstruction and plan of said system, the said second
<br />party shall also furnish detailed drawings of such changes, all of w i.ch drawings shall
<br />be filed with the Board of Public Works of said City,.
<br />See. 9. The Board of Public Works of said City may designate the part
<br />of said Streets. alleys, avenues and public places wherein said pipes and mains and appu-P
<br />tenances thereto may be placed and laid, and such place shall be so designated as to
<br />meet the most economic and reasonable installation, construction and location of said
<br />pipes and mains when the same does not interfere with any pipes, mains, conduits, wires
<br />or other fixtures or apparatus then in said street or w1lich may be then under way of
<br />construction.
<br />Also, if any time hereafter the said Beard of Public Works of said City steal
<br />deem It necessary to change the grade of any street , alley or public place in which
<br />said second party has laid and onstructed pipes, mains and appurtenances, or if
<br />the said Board of Public Works of said City shall deem it necessary to reeonstm et,
<br />repair, or change the location of any sewer, wvaterpipe or other mains or conduits now
<br />belonging to the City, in apy of the said streets, whereby it shall be neces sa - in the
<br />Judgement of said Board to lower said pipes, mains and appurtenances of the second
<br />party or to change the location thereof, then said Board shall give said second
<br />party the location and place where said pipes, mains and appurtenances thereto shall be
<br />laid and placed thereby designating the most economical and cheapest manner, from the
<br />construction of the second party, in which to re -lay said pipes, mains and appurtenances,
<br />and thereupon said second party shall, at its own cost, promptly replace and re -lay
<br />said pipes, mains and appurtances thereto, in the places as designated by said Board,
<br />and in the manner and under the same terms as are set forth in this contract, and if
<br />6aid second party shall refuse or fail to promptly relocate said pipes, mains and appur-
<br />tenances thereto as above set out, thene said City by its said Board of Public Works, mfy
<br />cause the same to be relaid and relocated, and the second party hereby agrees to pay said
<br />City the necessary cost and expenses made thereby, and said costs and expense may be
<br />receovered in any court of law.
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