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Section -: That the said Grantee by its acceptance of
<br />this ordinance and the rights, privileges and authority hereby
<br />granted, does covenant and agree for itself, its successors
<br />and assigns to at all times protect and save harmless the CitSr.
<br />of Everett from all claims, action, suits, liability, loss, -
<br />costs, expenses or damages of every kind and description which
<br />may accrue to or be suffered by any person or persons or prop-
<br />erty by . reason of the erection, construction, re -construction,
<br />relocation, replacing, ?readjustment, justment, adjustment, repair,
<br />maintenance, operation or use of said Covered Walkway and
<br />Canopy and in case any accident suit shall be instituted or
<br />begun against said City for damages arising out of or by reason
<br />of the erection, construction, :.reconstruction, relocation,
<br />replacement, readjustment, adjustment, repair, maintenance,
<br />operation or use of said Covered Walkway and Canopy, the said
<br />Grantee its successors and assigns shall upon notice to it or
<br />them upon commencement of any suit or action defend the same
<br />at its or their sole cost and expense. And in case judgment
<br />shall be rendered against said City in any such suit or action,
<br />said Grantee, its successors and assigns shall fully satisfy
<br />such judgment within ninety (90) days after such action or
<br />suit shall have been finally determined adversely to the City.
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<br />Section 5: That the Grantee its successor or assign
<br />shall not erect, construct, reconstruct, relocate, or replace
<br />said Covered Walkway and Canopy, except under the supervision,
<br />control of and in strict accordance with plans and specifications
<br />heretofore approved and adopted by the City of Everett and the
<br />said Grantee, its successors and assigns when directed to do so
<br />by the City of Everett shall at its or their own cost and expense
<br />reconstruct, relocate, and_ replace said Covered Walkway and
<br />Canopy in strict accordance with plans approved and adopted
<br />by the City of Everett whenever such construction, relocation
<br />or replacement shall in the judgment of the City be necessary
<br />or convenient because of deterioration or unsafe condition of
<br />Covered Walkway and/or Canopy, because of the installation,
<br />erection, construction, reconstruction, replacement, mainten-
<br />ance, operation or repair of any and all municipally owned
<br />public utilities or for any other cause necessary for public
<br />convenience.
<br />Section 6: Nothing in this ordinance contained shall
<br />be construed as granting an exclusive franchise privilege or
<br />privileges for the use of said alley or any portion thereof
<br />and the rights granted by this ordinance shall be subject to
<br />the rights of the City Council or the people of the City of
<br />Everett acting for themselves by the initiative and referendum
<br />at any time to repeal, amend or modify this ordinance and grant
<br />without due regard for the rights of the Grantee, its successors
<br />and assigns in the interest of the public and to cancel, forfeit
<br />and abrogate any right, privilege or authority granted by this
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