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<br /> Bection6. It is understood and agreed and hereby provided
<br />that all and singular, the rights, privileges and benefits granted
<br />to or reserved by the City of Lakewood, and all duties and obligations
<br />assumed by and imposed upon said Company by Ordinance No. 811, passed
<br />by the Council of City of Lakewood, Ohio, on December 2, 1907, and
<br />accepted in writing by the Company, shall remain in full force and
<br />effect except insofar as the same m~y be waived, revised or modified
<br />by provisions herein clearly expressed.
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<br /> Section 7. The contract arising from the acceptance of this
<br />ordinance by the company shall be deemed to have been entered into
<br />upon the express condition that on April 30, 1928, this ordinance, the
<br />contract created hereby, together with all the rights of The East Ohio
<br />Gas Company, its succesS~rs~,.a.~n~d assigns, to occupy the streets, alleys,
<br />lanes, public grounds ~ ~l~ gr~u~Z~ and public places of the said
<br />city, and all its obligations to supply natural gas therein, shall
<br />cease and terminate, and the company shall discontinue the supply and
<br />distribution of natural gas in said city; provided, however, that said
<br />The East Ohio Gas Company, its successors and assi~ns, shall have a
<br />reasonable time there~ter within which to remove its pipes, mains and
<br />other structures from the streets, alleys, lanes, public grounds and
<br />public places of said city; provided, however, that if the provisions
<br />of this paragraph or any part thereof shall be determined to be invalid
<br />by any court of last resort, its invalidity shall not invalidate any
<br />other section or sections of this ordinance.
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<br /> Provided, however, that in the event of such termination and
<br />removal, said company shall fully p~otect, indemnify and save harmless
<br />the city from any and all actions, damages, losses, costs, charges.
<br />and expenses of every kind made, suffered or incurred in any manner by
<br />reason or in consequence of, arising from or connected with the removal
<br />of its pipes, mains and other structures from the streets, highways,
<br />avenues, alleys, public grounds or public places, including the rep~ c-
<br />tng in its former condition of any and all streets, sidewalks, curbing
<br />and paving.
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<br />Section 8: In the event the company shall fail:
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<br /> (a) To supply natural gas containing more than eight hundred
<br />(800) British thermal units to the cubic foot;
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<br /> (b) To fairly apportion the natural gas in accordance with
<br />Section 4 hereof in case of inadequate supply, or to fairly apportion
<br />the natural gas which it obtains between the City of Lake~'ood and
<br />other municipalities, as hereinbefore provided, and such failure so
<br />to apportion be not due to interruptions of its transmission lines or
<br />breakage of machinery, inability to obtain labor or materials or other
<br />unavoidable cause, and shall continue for ten (10) days.
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<br /> (c) To make extensions as hereinbefore provided and such
<br />failure be not due to inability to obtain labor or materials or other
<br />unavoidable causes, and shall continue for three (3) months after
<br />written notice by the city has been given the company to make extensions~
<br />then, or in either event, the city may at its option repeal this
<br />ordinance, and both parties shall thereafter be relieved from further
<br />obligations thereunder; provided, however, that in the event of such
<br />termination, the company shall have like rights, and be under like
<br />obligations as to removal of its property as specified in section ~
<br />hereof.
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<br /> No waiver of any breach of any covenant, condition or stipu-
<br />lation in this ordinance contained shall be taken or construed to be
<br />a waiver of any subsequent breach of the same or any other covenant,
<br />condition or stipulation.
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