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successors or assigns , and in case any suit or action shall be <br /> instituted or begun against the City for damages arising by <br /> reason thereof, furtuer covenants and agrees upon notice to it , • <br /> of commencement of said action or suit , to defend tie same at the <br /> sole cost and expense of said grantee, its successors or assigns; <br /> and if, after tender of defense to grantee , judgment aall be <br /> rendered against said City in such suit or action, to satisfy <br /> fully said judgment within Ninety (90) days after such suit or <br /> action sill have finally been determined, if determined adversely <br /> to the city. <br /> Section b: That nothing in this Ordinance shall be con- <br /> strued as in any way preventing the proper authorities of said <br /> city from sewering , grading, paving, planking, repairing, alter- <br /> ing , or in any other manner improving any of the streets , alleys <br /> or public highways of said City or any portion thereof. <br /> Section b: Whenever notice shall have been given to the <br /> grantee to relocate any pole or poles , or to relocate or re- <br /> construct any underground conduit , or to change any such, or any <br /> part thereof so as to conform to any new grade or imrovement <br /> and not obstruct out facilitate the same , then if the said grantce <br /> shall not within a reasonable time , after receiving such notice , <br /> make such required changes, such poles, pipes or conduits , may bE <br /> relocated or changed by said City at the expense of the grantee , <br /> its successors or assigns. <br /> Section 7: That from and after tae date of the acceptance <br /> of this franchise and until its expiration, said grantee , its <br /> successors or assigns, shall pay annually to the City of Everett <br /> Two percent (27) per annuam of the gross annual exchange service <br /> earnings of said grantee, its successors and asaigns, arising <br /> from tree use , operation and possession of said franchise within <br /> the corporate limits of said city as said corporate limits now <br /> exist or may hereafter be extended. .aayment of said. TWO percent <br /> (27) shall be made on or before the 1. th day of larch of each anc. <br /> -4- <br />