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theretofore owned or operated by the City as, or in connection with, the Utility,
<br />with all extensions, betterments, replacements and new equipment which have been
<br />made or added thereto by the City prior to the taking effect of this franchise,
<br />together with the extensions and betterments and equipment which may thereafter
<br />be made from time to time by the Grantee during the life of this franchise.
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<br /> Section D. The Grantee, in the maintenance, repair or extension of
<br />the Utility, shall not unnecessarily interrupt or obstruct the use of any street,
<br />lane, alley or public thoroughfare, and in connection with any such work, shall
<br />obtain such permits and approvals as may be required by the ordinances of the
<br />City.
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<br /> When any streets, alleys or public grounds are entered upon, or
<br />facilities removed therefrom, the Grantee shall restore those streets, alleys or
<br />public grounds to their original condition and shall clear them of dirt,
<br />obstruction and anything that might constitute a nuisance, or prevent the
<br />streets, alleys or public grounds from being open and in repair. That
<br />restoration to original condition shall be made by the Grantee under the
<br />supervision and control of the appropriate officer of the City, who shall
<br />determine what part, if any, of that work shall be done by the City and charged
<br />to the Grantee. Upon the doing of that work, the City shall furnish the Grantee
<br />with itemized bills of the cost thereof, which bills shall be paid by the Grantee
<br />within ten (10) days after the receipt thereof.
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<br /> Section E. The Grantee shall at all times be subject to the
<br />regulations imposed by the laws of the State of Ohio and the general reasonable
<br />regulatory ordinances of the City as may exist at the effective date of this
<br />franchise or thereafter be adopted, including the continuing right of the Council
<br />of the City to require such reconstruction, relocation, change or discontinuance
<br />of the appliances used by the Utility in the streets, alleys, avenues and
<br />highways of the City, as shall, in the opinion of Council, be necessary in the
<br />public interest. The Grantee, however, shall have a right to a fair return on
<br />its investment, it being understood, however, that the City cannot waive or
<br />surrender any of the police powers granted to, or inherent in, municipal
<br />corporations, and nothing herein contained shall be construed as a waiver or
<br />surrender of such powers or other rights conferred by the City's Charter or by
<br />law on municipal corporations.
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<br /> In the construction, maintenance or repair of its properties, the
<br />Grantee shall comply with all regulations existing or that may thereafter be made
<br />by the City applicable to the Grantee, and the Grantee shall be liable for
<br />damages that may arise by reason of its failure or neglect to comply with those
<br />regulations and shall save the City harmless from any and all claims for damages
<br />by reason of that failure or neglect.
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<br /> Section F. The Grantee shall indemnify fully the City and save it
<br />harmless from any and all damages that the City may sustain and from all
<br />Judgments, decrees, costs and expenses which the City may, in any manner, suffer
<br />or incur, and which may be recoverable from or obtained against, the City for,
<br />or by reason of, the granting of the rights hereby conferred upon the Grantee or
<br />growing out of, or resulting from, the exercise and use by the Grantee of any of
<br />the rights hereby conferred upon it.
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<br /> Section G. For a period of ten (10) years after the taking effect
<br />of this franchise, the Grantee may charge for supplying the services of the
<br />Utility to the City and inhabitants thereof rates equivalent to the highest
<br />schedule of rates in effect under the City's operation of the Utility during the
<br />period from the granting of this franchise to the effective date of this
<br />franchise, increased by ten percent (10%).
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<br /> The payments to be made by the City to the Grantee for services or
<br />products of the Utility to be furnished to the City shall be paid to the Grantee
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