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excavated shall, with a reasonable time and as early as practicable after <br />such excavation, be replaced by. the Grantee at its expense, and in as good <br />condition as it was at the time of such excavation. 'Provided, however, khat <br />nothing herein contained shall be construed to make the Grantor liable to the <br />Grantee for any cost or expense in connection with the construction, re- <br />construction, repair or relocation of Grantee's conduits, poles, towers, <br />and appurtenances thereto in streets, highways and other public places made <br />necessary by the widening, grading, paving or otherwise improving by said <br />Grantor, of any of the present and future streets, avenues, alleys, bridges, <br />highways, easements and other public places used or occupied by the Grantee, <br />except, however, Grantee shall be entitled to reimbursement of its costs as <br />may be provided by law. <br />Section 3. That Grantor shall in no way be liable or responsible _ <br />for any accident or damage that may occur in the construction, operation <br />or maintenance by Grantee of its facilities hereunder, and the acceptance <br />of this Resolution shall be deemed an agreement on the part of Grantee to <br />indemnify Grantor and hold it harmless against any and all liability, loss, <br />z cost, damage, or expense, which may accrue to Grantor by reason of the <br />r misconduct of Grantee in the construction, operation or <br />neglect, default o <br />maintenance of its facilities hereunder. <br />' Section 4. That all rates and rules and regulations established <br />by Grantee from time to time shall be at all times reasonable and Grantee's <br />rates for electricity shall at all times be subject to such regulation as may <br />be provided by law. <br />Section 5. That no later than sixty (60) days after the first <br />anniversary date of this grant and no later than sixty (60) days after each <br />succeeding anniversary date of this grant, the Grantee, its successors and <br />assigns, shall have paid to the Grantor and its successors an amount which <br />added to.the amount of all taxes as assessed, levied, or imposed (without <br />regard to any discount for early payment or any interest or penalty for <br />NOV 2 1977 <br />-2- <br />BOOK 1 PArF 468 <br />