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Sec .10.— As a part of the consideration for this contract, the said
<br />second party hereby agrees to pay said City on the 30 th. day of September of each year during
<br />the full term and period of this contract, ,two and one half per cent (2-1f2%) of the total
<br />gross receipts for all such steam as sold and furnished to its several patrons and cus—
<br />tomers 4exclusive of that sold or delivered to the Indiana & Michigan Electric Company for
<br />its own use); served under the terns and p*4-bvisions of this contract during the year ending
<br />June 30h.9preced i ng, and said second party shall furnish and deliver to said City at said
<br />time, a statement certified by its president, general manager or treasurer showing the total
<br />receipt from the sale of steam sold by it to,its said patrons, and this condition shall be
<br />construed to mean and be so interpreted that said second party shall not be required to
<br />make payment to said City.upon or for any steam constracted to be sold, but the cost of
<br />which was lost to said second party and not paid, but said party shall rake a resonable
<br />e :°fort to collect all bills rendered and due for such service. If said second party shall
<br />refuse toy make said p€y ments when they become due, or if it shall refuse 'to make said certi—
<br />fied statement to said City of the amount paid therefor, or upon the refusal of said second
<br />party to keep, perform, fulfill or observe any other term, condition or thin' to be done
<br />by said second party as in this contract provided, then the first party may terminate this
<br />contract and declare the same null and void by serving a notice.in writing upon said second
<br />party to make perform mee within thirty days, and if said default continue for said period of
<br />thirty days after the expiration of said written notice, then this contract shall be null
<br />and void and of no effect.
<br />Sec. ll.— At least five days before commencing._the construction of said
<br />system, said second party, its successors or ass_ gns, shall file with the City Clerk of
<br />South Bend,, Indiana, a good and sufficient bond, subject to the approval and acceptance
<br />of the Board of Public Works of said City as to the sureties thereon, in the penal sum of
<br />five thousand dollars (5000.00) conditioned that said second party shall keep and hold
<br />said City of South Bend free from all injury, harm and damages which may arise to it through
<br />any injury or damage resulting to any persons or persons, firm of corporation occasioned by
<br />the negligence of said second party, Mrs officers, agents or employees in the use or occu—
<br />ption of the streets, alleys 'and public -places of said City during the construction wi rk in
<br />installing said system in,along and upon streets, alleys and public places in said CitW, and
<br />during the operation of said system, which bond shall be in full force and effect for the
<br />period of five years, which. shall be renewed for an additional period if req�_ fired by the
<br />Board of Public Works.
<br />Sec. 12. It is further expressly agreed between the parties hereto as a part
<br />of the consideration of this ontract, that at any time during the= termof this contract
<br />or during the operation of the party of the second part o r its assigns under this contract
<br />the City of South Bend may take over for its own use and pureahse all of the property of the
<br />party of the second part, together with all contracts, except contracts for steam wiVL the
<br />Indiana & Michigan Electric Company; also all grants, perits, concessions, etc., of the
<br />second party whihh purchase shall be made pursuant to and under the pourer and euthority of an
<br />Act of the General Assembly of the State of Indiana, enacted in the year 1913, known as the
<br />Shively —Spencer Utility Commission Act.
<br />See. 13. That in an much as the party of the second part has agreed and
<br />binds itsself herein to serve only a small portion of the City of South Bend, whilah portion
<br />is in 'or near the center of the business section of said City, and as the party of the -first
<br />part cannot get any person- firm or corporation to agree- at this time to enter into a
<br />contract to serve a larger distric t, the party of the first part desires to provide herein
<br />a means whereby it can in the future enter into a contract with some other persons, .firth or
<br />corporation which w1ll agree and bind itself to serve a larger district;THEREFOIRE,
<br />Asa part of the consideration for t..Lis grant, the party of the second
<br />part, its succesors or assigns hereby agrees that any other person, firm or corporation
<br />authorized to do a steam heating; business under the laws of Indiana, may and shall
<br />be permitted to take over and purchase all the property of the party of the second part
<br />together w th 9.11 contract (except contracts ivith the Indiana & Mi chi gan Electric -Company -for
<br />furnishing steam and heat to the party of the second part), grants, permits, concessions and
<br />Franchise of the party of the second part under the lb Bowing conditions
<br />le That said party of the second_ part shall not be bound to. sell its
<br />said property to any suchnperson, -firm or corporation for a period of ten years from the date
<br />of this contract. But that after said time said privilege fff purchase shall be in full
<br />-force and binding on the party of the second part, its successors and assigns under the
<br />conditions herein recited.
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