Ordinance 3319 - Laserfiche WebLink

• . • • Section e. Should the Grantee believe that any order of said City Council promulgated pursuant to the provisions of Sections L and 5 is unjust and unreasonable, it shall be allowed to test the justness and reasonableness of the same by proper action in any court having jurisdiction, commenced within thirty (30) days after service of such order upon the Grantee; and in such action such order may be entered in the premises as shall be warranted by the facts developed upon the trial and the law applicable thereto. Section 7. Grantor shall in no way be liable or respon- sible for any accident or damage that may occur in the con- struction, operation or maintenance by Grantee of its facilities hereunder, and Grantee shall indemnify and defend Grantor and hold it harmless from and against any and all liability, loss, cost, damage, or expense, which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the con- struction, operation or maintenance of its facilities hereunder. Section 8. For and in consideration of the Grantor' s having granted this franchise to the Grantee pursuant to the terms hereof, the Grantee agrees to compensate Grantor at the rate of two per cent (2A of the gross earnings received by Grantee from the manufacture, transmission, distribution and sale of gas as contemplated in and authorized by this franchise. It is specifically understood that said gross earnings shall not include any earnings or profit reCeiV400tbm the wholesale or retail sale of gas appliances by, services rendered by, or other activities of Grantee not involving use of the alleys, streets, or other public places of Grantor, but such earhins, if any, received from such sales, services, and other activities of Grantee shall be subject to tax by the Grantor pursuant to City Ordinance /YAWN/ 3292 of Grantor, as now exists or as here- after amended. -5-