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D. This franchise and all things constructed thereunder,
<br /> or used in connection therewith, other than rolling stock
<br /> and power, shall be subject to common use by any other
<br /> grantee or assignee of any other franaise, whererer there
<br /> shall be necessity therefor, upon payment of compensation
<br /> for such use.
<br /> The question of necessity, compensation and all other
<br /> questions relating thereto shall be judicial questions,
<br /> but no judicial proceedings shall suspend or postpone
<br /> such use if the person or corporation desiring such common
<br /> use shall deposit in the court, such, sum as , the court in
<br /> a preliminary hearing may determine. `
<br /> 1E. They' grantee shall within thirty days after the adoption
<br /> of this ordinance file with the said Clerk 'an unqualified
<br /> acceptance of all the terms, conditions and restrictions
<br /> of the franchise hereby granted.
<br /> Section 3. That the said City of Everett shall retain the
<br /> same control over the streets and alley, upon, along and across
<br /> which the said railroad shall be constructed, as over other like
<br /> °laces in said city, and shall have the right to regulate the
<br /> speed of trains within the limits of the right-of-way herein
<br /> granted.
<br /> Section 4.The City of Everett hereby reserves to itself
<br /> and its grantee the right to carry all water ruins, sewer mains,
<br /> gas pipes .and conduits and all public utilities underneath and
<br /> mires above the track herein °:authorized, and the ria t of access
<br /> to anypucoccupied by such track within the limits of said
<br /> streets' 4n`c�� he right to open the ground beneath said track for
<br /> all purposes of construction, maintenance, repair, alteration,
<br /> and inspection of any such public utilities, which right shall
<br /> be exercised, however, so as to interfere as little as practica-
<br /> ble with the use of said track, and so as to leave the right of
<br /> way occupied thereby restored to as good condition as prior to any
<br /> exercise of such right.
<br /> Section 5. Said grantee hereby agrees and covenants for itself
<br /> its successors and assigns, to and .with the City of werett, to
<br /> protect and save harmless the said city from all claims, demands,
<br /> and causes of action for damages of every kind and description,
<br /> which may arise, accrue to or be suffered by any person or corpora-
<br /> tion by reason of the construction and maintenance or operation
<br /> of said railroad track, or appurtenances, over and across the
<br /> street hereinbefore mentioned.
<br /> In case any suit or action shall be brought against said City of
<br /> Everett, upon any claim, demand or cause of action, as aforesaid,
<br /> said grantee for itself, its successors and =assigns, a^rees upon
<br /> receiving written notice thereof to defend said suit at its sole
<br /> cost and expense, and said grantee, its successors and assigns,
<br /> agrees to hold said city of 2verett free and harmless against any
<br /> judgment recovered upon any such claim, demand or cause of action,
<br /> and in case any judgment shall be rendered against the City of
<br /> Everett, in any such suit or action, said grantee, its successors
<br /> or assigns, shall fully satisfy said judgment within sixty days
<br /> after such suit or action shall have been finally determined, if
<br /> determined adversely to such city.
<br /> Section 6 . The right, privilege and franchise herein granted
<br /> shall continue and be in force for the term of twenty-five (25)
<br /> years from the date of the enactment of this ordinance and this
<br /> franchise shall have no effect after said date.
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