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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, operation, repair, maintenance or use by the Town of fire, police or other signal wires or other facilities on any pole or in any conduit of the Company.
SECTION 4. The Town reserves the right by ordinance or resolution to establish any reasonable regulations for the convenience,safety and protection of its inhabitants under its police powers. The rights herein granted are subject to the exercise of such police powers as the same now are or may hereafter be conferred upon the Town. Without limitation as to the generality of the foregoing, the Town reserves the full scope of its power to require by ordinance substitution of underground service for overhead service, or the transfer of overhead service from the front to the rear of property whenever reasonable in all areas in the Town and with such contributions or at such rates and charges as may be approved by the State Corporation Commission or its successor in function. The Town further reserves the full scope of its police power to require by ordinance the location, construction and maintenance of overhead service at the rear of property or underground service wherever reasonable in all new service installations in the Town with such contributions or at such rates and charges as may be approved by the State Corporation Commission or its successor in function.
SECTION 5. The Company shall render to the public in the Town, and to the Town itself, at all times during the term of this franchise efficient telephone service at reasonable rates, as shall from time to time be determined or prescribed by the State Corporation Commission or its successor in function. The Company will maintain its poles, wires, conduits, lines, manholes, facilities and equipment within the Town in good order and operating condition throughout the term of this franchise, and the Company by accepting this franchise agrees that the State Corporation Commission or its successor in function has jurisdiction to the full extent and in the manner now or hereafter provided by law, during the term of this franchise, to require the Company to render efficient telephone service at reasonable rates.
SECTION 6. In consideration of the rights and privileges herein granted, the Company shall on demand, during the life of this franchise, provide crossarm or bracket space on each pole, or space in each conduit, on or in which the Town of Washington may desire to attach either fire, police or other signal wires, for the free use of the police and fire alarm systems of the Town; provided, however, that any such use of space by the Town shall be conducted so as not to interfere with the Company's use of its poles and conduit, and provided further that the Company shall have no responsibility for the installation, mounting, operation, repair, maintenance or use of any such signal wires and the Town agrees and binds itself to indemnify, keep and hold the Company • free and harmless
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