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Section 3. In order for Company to render efficient and continuous electrical service it
<br />will be necessary for Company to trim the trunks and branches of trees along or over the streets,
<br />sidewalks, alleys, avenues, squares, bridges and other public places in said City, and areas dedicated
<br />to the City for public utility use, wherever the same are likely to come in contact with its equipment;
<br />therefore, Company is hereby granted the right to trim such trees, including the trunk, branches, and
<br />all parts thereof, so as to enable it to erect and maintain its equipment in a regular and consistent
<br />form and manner and to enable it to provide the most efficient and continuous service that the
<br />circumstances will permit; provided, however, that Company shall exercise proper care and
<br />discretion in cutting and trimming said trees and all parts thereof; and provided further, that except
<br />in cases of emergencies, Company shall first notify the City of its intention to do said work so that
<br />the City may, if it so elects, supervise and superintend such trimming.
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<br /> Section 4. Company agrees to hold harmless and indemnify City from and against any
<br />and all liabilities, costs, and expenses, including without limitation attorneys' fees, incurred by City
<br />by reason of personal injury to or death of any person or damage to the property of any other person,
<br />to the extent such personal injury, death, or property damage is caused by the tortious conduct of
<br />Company, in the exercise of the rights and privileges conferred by this Ordinance; provided that City
<br />shall give Company prompt notice of any such occurrence or claim of liability.
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<br /> Section 5. The rights, privileges and authority hereby granted shall inure to and be vested
<br />in Company, its successors and assigns, successively, subject to all of the terms, provisions and
<br />conditions herein contained, and each of the obligations hereby imposed upon Company shall
<br />devolve and be binding upon its successors and assigns, successively, in the same manner.
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<br /> Section 6. This Ordinance shall confer no right, privilege or authority on Company, its
<br />successors, licensees, transferees or assigns unless Company shall within sixty (60) days after due
<br />notice to Company of the enactment of this Ordinance, file with the City Clerk an acceptance of the
<br />terms and provisions hereof; provided, however, that if such acceptance be not so filed within said
<br />period of sixty (60) days, all rights, privileges, and authority herein granted shall become null and
<br />void.
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<br /> Section 7. This Ordinance and Franchise, upon its enactment and its acceptance by
<br />Company, as hereinbefore provided, shall continue and remain in full force and effect for a period
<br />of ten (10) years from the filing of the Company's acceptance.
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<br /> Section 8. Neither acceptance of, nor compliance with, the provisions of this Ordinance
<br />shall in any way impair or affect, or constitute or be construed as a relinquishment or waiver of, any
<br />right, permission or authority which Company, its successors or assigns, may have independently
<br />of this Ordinance. The City acknowledges that Company is vested in rights, permissions and
<br />authorities independent of this Ordinance. Neither acceptance of this Ordinance nor compliance with
<br />its provisions shall impair in any way or waive any right, permission or authority which Company
<br />may have independent of this Ordinance. In addition, neither use by Company of public property
<br />or places as authorized by this Ordinance nor service rendered by Company in said City shall be
<br />treated as use solely of the rights, permission and authority provided for by this Ordinance and in
<br />no way shall indicate non-use of any right, permission or authority vested in company independent
<br />of this Ordinance.
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