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0 r <br />1 <br />additional territory, any and all franchise rights and privileges owned by the <br />grantee therein, except the franchise derived under the aforesaid Constitutional <br />provision, shall likewise be deemed to be abandoned within the limits of such <br />territory. <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 exercise 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 public 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 and any other sum paid by it to the City therefor at the <br />time of the acquisition thereof. <br />SECTION 10: The grantee of this franchise shall file a bond, running <br />to the said City, with at least two good and sufficient sureties, to be approved <br />by the legislative body thereof, in a penal sum of $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 condition <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. Skid bond shall be filed with the legislative body <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 ady money paid to <br />the City in connection therewith shall likewise be forfeited. <br />SECTION 11: The grantee of this franchise shall <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 />rules 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 the location and maintenanc <br />of such facilities; <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 />(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 />(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 />(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 />l <br />11 <br />1 <br />