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or other property used by the Company hereunder will necessitate the moving or altering, temporarily or permanently, of any of the Company's equipment located pursuant to the terms hereof, such moving or altering shall be done by the Company at its expense. No underground vaults shall be located in or under Town streets or alleys without the prior approval of their location in writing by the Mayor and Town Council or his successor in function. SECTION 3. The Company agrees and binds itself to indemnify, keep and hold the Town free and harmless from liability on account of injury or damage to persons, firms or corporations or property growing out of or directly or indirectly resulting from (a) such use of the streets, alleys, highways and other public places of the Town, (b) the acquisition, erection, installation, maintenance, repair, operation and use of any poles, wires, conduits, lines, manholes, facilities and equipment, or (c) the exercise of any right granted by or under this franchise or the failure, refusal or neglect of the Company to perform any duty imposed upon or assumed by the Company by or under this franchise. In the event that any suit or proceeding shall be brought jointly against the Town and the Company, at law or in equity, on account thereof, the Company will defend the Town in any such suit or proceeding at the cost of the Company, provided the Town gives such assistance and cooperation in the defense of any such suit or proceeding as in the opinion of counsel for the Company may be necessary or desirable to a proper defense. In the event of a final judgment or decree in any such suit or proceeding being obtained against the Town either independently or jointly with the Company, then the Company will pay such judgment or comply with such decree and bear all costs and expenses of whatsoever nature and hold the Town harmless therefrom. Nothing herein contained shall be construed to render the Company liable for (i) the negligence of the Town or of its agents or employees, or for that of any other person, firm or corporation, or (ii) injury or damage to persons, firms, or corporations or property growing out of or directly or indirectly resulting from the installation, mounting, Dperation, repair, maintenance or use by the Town of fire, police or other signal
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