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By its acceptance of any franchise hereunder, or upon the renewal of any franchise, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant, or by the ordinance granting the franchise and shall further agree to:

(a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment;

(b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise;

(c) Covenant and agree that the City, its agents, servants and employees are to be free from liability and claims for damages as the result of injury to any person or persons (including grantee) or of injury to any property of any kind whatsoever or to whomsoever belonging (including grantee) resulting from any operations under such franchise so granted or renewed. Grantee further covenants and agrees to indemnify and save harmless the City from any and all liability arising out of any such injury. Grantee shall, on the City’s request, defend any suit asserting a claim covered by this indemnity;

(d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if any when made necessary by any lawful change of grade, change in the alignment or width of any public street, way, alley or place, alley or easement, or construction of any subway or viaduct; and

(e) Pay to the City during the life of the franchise a percentage, to be specified in the grant of the gross annual receipts of the grantee arising from its operation under the franchise within the limits of the City, and such other compensation as the City Council may prescribe in the ordinance granting the franchise. (Amended November 3, 1964)