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4 - City of Oxford

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42<br />

97768- laISMORIO-IIMILI<br />

successors and assigns, only;<br />

MINUTE BOOK No. 24, CITY OF OXFORD<br />

(g) a rental agreement satisfactory to the <strong>City</strong> shall be executed cover-<br />

ing pole use <strong>of</strong> the poles <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Electric Department;<br />

(h) that construction procedures for the construction <strong>of</strong> operating lines<br />

to be used in furnishing television service <strong>of</strong> all kinds by grantee shall begin<br />

within six months from and after the effective date <strong>of</strong> this Ordinance, pro-<br />

vided that utilities involved have made their plants available to grantee, and<br />

grantee shall have its television service in operation within twelve (12)<br />

months after the utilities involved have made the plants available. However,<br />

grantee shall not be chargeable with delay from circumstances over which it<br />

has no control, and including acts <strong>of</strong> God.<br />

SECTION II. Grantee may from time to time declare, make and enforce<br />

such reasonable rules and regulations in the supplying <strong>of</strong> its services to the<br />

extent they are not inconsistent with the provisions here<strong>of</strong>, and a copy <strong>of</strong><br />

such rules and regulations shall be kept on file at all times with the Clerk <strong>of</strong><br />

the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>.<br />

SECTION III. That the Grantee shall indemnify and hold the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong><br />

harmless at all times during the term <strong>of</strong> this grant from and against all claims<br />

for injury or damages to persons or property, both real and personal, resulting<br />

from the negligence on the part <strong>of</strong> Grantee incurred by it in pursuit <strong>of</strong> the<br />

activities authorized by this Ordinance, and the Grantee shall carry insurance<br />

against liability due to damages to the property <strong>of</strong> any one person in an<br />

amount not less than $25,000.00, and $100,000.00, as to any one accident, and<br />

against liability due to injury or death <strong>of</strong> persons in an amount not less than<br />

$100,000.00, as to any one person, and $300,000.00 as to any one accident;<br />

the Grantee, upon receipt <strong>of</strong> due notice in writing from the <strong>City</strong>, shall defend<br />

at its own expense any action or proceeding against the <strong>City</strong> in which it is<br />

claimed that the damage or injury arose from the Grantee's negligence in the<br />

operation <strong>of</strong> its activities hereunder.<br />

SECTION IV. Upon expiration <strong>of</strong> this agreement, or upon its termination<br />

by any method other than abandonment, grantee shall, within six (6) months,<br />

remove its poles, lines andrelated accessories from all public passage, rights<br />

<strong>of</strong> way and other places installed within the <strong>City</strong> and subsequent additions<br />

thereto. Grantee shall deposit with the <strong>City</strong> cash, or a faithful performance<br />

bond,.in the amount <strong>of</strong> $25,000.00 guaranteeing to the <strong>City</strong> such removal which,<br />

should Grantee fail to perform, such cash or bond shall be automatically for-<br />

feited to the <strong>City</strong>. Upon abandonment <strong>of</strong> the system by the Grantee, the <strong>City</strong><br />

may, at its option, declare that the system has been forfeited to the <strong>City</strong>,<br />

in which event the <strong>City</strong> shall become the owner <strong>of</strong> the entire system, or the<br />

<strong>City</strong> may declare that the aforementioned deposit or bond has been forfeited.

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