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130 <br /> <br />' additional territory, any and all franchise rights and privileges owned by the <br /> grantee therein, emcept the fr~chise derived under the aforesaid Constitutional <br /> provision, shall likewise be deemed to be abandoned w~'thin the limits of such <br /> territory. <br /> <br /> SECTION 9: The franchise granted hereunder shall not in any way or to <br /> any extent impair or affect the right of the said City to acquire the property <br /> of the grantee hereof either by purchase or through the exer~ise of the right of <br /> eminent domain, and nothing herein contained shall be construed to contract away <br /> or to modify or abridge, either for a term or in perpetuity, the City's right of <br /> eminent domain in respect to the grantee or any pliblic utility. Nor shall this <br /> franchise ever be given any value before any court or other public authority in <br /> any proceeding of any character in excess of the cost to the grantee of the <br /> necessary publication ~nd any other sum paid by it to the City therefor at the <br /> time of the acquisition thereof. <br /> <br /> SECTION 10: The grantee of this franchise shall file a bond, running <br /> to the said City, with at leaat two good and sufficient sureties, to be approved <br /> by the legislative body thereof, in a penal sum e'f $1000.00 conditioned that <br /> the grantee shall well and truly observe, fulfill and perform each and every <br /> term and condition of this franchise, and that in case of any breach of conditior. <br /> of said bond, the whole amount of the penal sum therein named shall be taken <br /> and deemed to be liquidated damages and shall be recoverable from the principal <br /> and sureties upon said bond. SAid bond shall be filed with the legislative bod <br /> of said City within five (5) days after the date of the granting of this franchis <br /> and in case said bond shallnot be so filed, or shall not receive the approval <br /> of the legislative body, this franchise shall be forfeited and a~2 money paid to <br /> <br /> the City in connection therewith shall likewise be forfeited. <br /> SECTION 11: The grantee of this franchise shall <br /> <br /> (a) construct, install and maintain all poles, wires, conduits and <br /> appurtenances in accordance with and in conformity with all of the ordinances, <br /> ~ules and regulations heretofore or hereafter adopted by the legislative body <br /> of this City in the exercise of its police powers and not in conflict with the <br /> paramount authority of the State of California, and, as to State highways, <br /> subject to the provisions of general laws relating to ~he location and maintenanc~ <br /> of such facilities; <br /> <br /> (b) pay to the City, on demand, the cost of all repairs to public <br /> property made necessary by any operations of the grantee under this franchise; <br /> <br /> (c) indemnify and hold harmless the City and its officers from any <br /> and all liability for damages proximately resulting from any operations under <br /> this franchise; <br /> <br /> (d) remove or relocate, without expense to the City, any facilities <br />installed, used and maintained under this franchise if and when made necessary <br />by any lawful change of grade, alignment or width of any public street, way, alle <br />or place, including the construction of any subway or viaduct by the City; and <br /> <br /> (e) file with the legislative body of the City within thirty (30) days <br />after any sale, transfer, assignment or lease of this franchise, or any part <br />thereof, or of any of the rights of privileges granted thereby, written evidence <br /> <br /> <br />