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<br />S. B. T. I. R. Co. Cont.
<br />City, pave the space between rails on its tracks with paving brick or other material ,
<br />in conformity with the remainder of•the street on such blocks or streets as said
<br />Common Council may require, but'only on established grades of such streets.
<br />Section 7. The said Company, in the construction and extension of any track
<br />shall leave the street and track in good condition, and shall not interfere frith any
<br />water pipes, gas or sewer pipes which are or may hereafter be laid by the City of
<br />South Bend; and in construction and extension of said railway it shall immediately
<br />restore the streets, pavement, sidewalks or ground, or water, sewer or gas pipe to a
<br />condition equally as good as before the laying of said track, at its own expense; and
<br />if it shall fail to do so within a.reasonable time, then the same may be done by the
<br />City of South Bend, and said Company shall be liable for the cost thereof; Provided.)
<br />nothing herein contained shall abrogate, limit or impair the right of said -City, to
<br />dig or open said streets, avenues or alleys or any portion thereof, for the purpose
<br />of making repairs or improvements, such as grading, diggging sewers, laying wager,
<br />steam or gas pipes, or to prosecute any public work that it may now or hereafter
<br />be authorized or empowered to do; aid for any such improvements the said Company
<br />shall temporarily remove its tracks or structures or equipments -*henever the same
<br />is necessary for such purpose, if required by resolution of the Board of Public
<br />Works; and in the failure of the said Company to remove its tracks, structures
<br />and equipments, the City of South Bend shall have the right to do so, and said
<br />company shall be chargeable with the cost there of, or any damage resulting from such
<br />action, and the said City, in making such improvements, shall not be liable for any,
<br />damage incident thereto that may accrue to said Company by reason of such Improvement
<br />aforesaid.
<br />Section 9. Said Company and its assigns shall at all times hereafter defend and
<br />keep harmless and indemnify the City of South Bend from any and all damages, lawful
<br />_claims and demands for injuries to person or peoperty, cost and expense of which
<br />the said City may be subjected or made liable by any proceeding at law or in equity,
<br />growing out of the grant of the privileges in this contract granted, or out -of the
<br />exercise of the enjoyment of the same by said Company or its assigns, or out of the
<br />failure of said Company or its assigns to construct or keep in repai.•r the pavement
<br />or other improvement by them herein required to be constructed or maintained, and
<br />the said Company or its assigns shall, upon the request of the City, at its own ex-
<br />pense, defend against such action or actions, either in its own name or in•the name.
<br />of the City of South Bend.
<br />Section_9.. Said Company shall lay its tracks in every instance so as to conform
<br />to the established grade of the street, and, shotLld the change of grade be made at
<br />anytime, the Company shall change its tracks and appliances at its own expense so
<br />as to conform to the re-established grade.,."The said Company shall further, at its
<br />own expense, keep all the space between its tracks and fourteen (14) inches outside
<br />of its tracks on -either side paved, macadamized. -planked or repaired in conformity
<br />with the improvement on the remainder of the street, avenues or alley, in accordance
<br />with the orders and regulations of the Board of Public Works providing for the paving
<br />of such streets, and in the manner required 'by the City authorities. Should said
<br />Company fail, neglect or ret-,use to make any repair or any improvement for the space
<br />of twenty days being ordered so to do by the proper authority, then the City may make
<br />the same and charge the cost thereof to the Company. Said Company agrees to pay
<br />the cost and all expenses of collecting the Pame, including reasonable attorney's
<br />fees.- As to -such streets, avenues and alleys and parts thereof as, are not paved
<br />or about to be paved, the Board of Public Works may at any time direct the construct-
<br />ion.of any track or tracks of said Company on�aid streets, avenues and alleys and
<br />parts thereof, before such pavement, said tracks to be laid and constructed under
<br />the direction of the Board of Public Works; and the share of the cost of said pavement
<br />shall be paid by said Company as provided for in this Contract. As to such, streets
<br />avenues and alleys and parts thereof as are paved, before tearing up any pavement for
<br />the construction.of its railway, said Company shall pay the prorate cost'.of such
<br />pavement, for all of the speace between its tracks and for the distance of fourteen
<br />inches outside of its -tracks on either side of the adjoining owner, as shown by the
<br />assessment.roll of the cost of the entire pavement. Said payment`- shall be made
<br />to the Controller of said City for _the use of said property owner.
<br />-SectiOn 10. The rate of fare for one continuous passage within the City Limits
<br />shall not exceed five cents for one passenger, and 'transfers shall be given to a
<br />passenger on its line to complete the trip to any other point of said City. Transfers
<br />shall also be issued to any other .street railway company operating in said City.
<br />Said Company shall honor transfers issued by other street railway companies of said
<br />City. All transfers shall be redeemed by the issueing street railway company by
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