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<br /> tenance of its Police and Fire Signaling and Control Circuit
<br /> System and for the signaling services of the Everett Water Depart-
<br /> ment ; except where it is agreeable to both parties the City will
<br /> occupy the space on an arm below the bottom arm used by the Grantee
<br /> instead of the space for the upper arm, and if underground con-
<br /> , duits shall be owned and used by Grantee for carrying its wires or
<br /> cables under the streets or alleys of the City of Everett there
<br /> shall be reserved for the use of the said City of Everett for such
<br /> purpose the joint use of one duct in such conduit run (except
<br /> laterals or distribution ducts) provided, this shall not include
<br /> the last remaining duct reserved for emergency cable replacements.
<br /> That upon reasonable notice , the Grantee will give to the
<br /> Grantor the use of one pair of wires in each cable , if available,
<br /> . for the exclusive use of the City of Everett Police & Fire Signaling
<br /> and Control Circuit System and the signaling services of the
<br /> Everett Water Department , all without charge, provided, however,
<br /> continuity of transmission of said "pair of wires" will not be
<br /> guaranteed beyond reasonable maintenance and further, the City of
<br /> Everett will assume full responsibility for conducting continuity
<br /> and transmission tests with the Grantee' s test board personnel in
<br /> Everett. It is further understood that any of such cable pairs
<br /> which may be used by the City of Everett shall not carry voltage in
<br /> excess of 48 volts.
<br /> 4s
<br /> Section 3 : The said Grantee, its successors and assigns,
<br /> I may make all necessary excavations in any of said streets, alleys
<br /> or public highways for the purpose of erecting and maintaining
<br /> poles and other supports for its wires and conductors and for
<br /> repairing the same , and for the purpose of laying and repairing and
<br /> maintaining underground pipes or conduits and for placing, repair-
<br /> ing, maintaining and operating its wires and other conductors
<br /> therein as authorized under this franchise. All poles erected
<br /> pursuant to the terms of this Ordinance shall be erected in a good
<br /> and substantial manner and placed immediately behind the curb or
<br /> along the edge of the alley, unless otherwise directed by the
<br /> ! Commissioner of Public Works and/or the City Council. The location
<br /> and construction of all underground pipes or conduits or lines in
<br /> any street , alley or public highway shall be such as the
<br /> Commissioner of Public Works and/or the City Council shall approve
<br /> subject to the terms of this Ordinance. Whenever any excavations
<br /> shall be made pursuant to the authority herein granted, the Grantee,
<br /> its successors or assigns, shall, as soon as possible, restore the
<br /> portion of the street, alley or public highway excavated to the
<br /> same good order and condition in which it was prior to such
<br /> excavating or working, and all said work shall be done in compli-
<br /> ance with the necessary rules, regulations and ordinances of said
<br /> City of Everett.
<br /> Section 4: That the Grantee , by its acceptance of this
<br /> Ordinance and the franchise rights, privileges and authority hereby
<br /> granted, for itself, its successors or assigns , covenants and
<br /> agrees to and with the City at all times to protect and save 'harm- '
<br /> less the said City from all claims, action, suits, liability, loss,
<br /> cost , expense or damage of every kind and description which may
<br /> accrue to or be suffered by any person or persons by reason of the'
<br /> erection, construction, re-construction, re-location, re-placement,
<br /> re-adjustment , maintenance , operation, repair or use of the poles,
<br /> conduits , wires, cables and other facilities, appliances and con-
<br /> ductors owned or operated by said Grantee, its successors or assigns ,
<br /> and in case any suit or action shall be instituted or begun against
<br /> the city for damages arising by reason thereof, further covenants
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