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<br /> for or associated with removal, relocation, alteration, repair maintenance and restoration of the structures or
<br /> appliances herein authorized, and for any and all damages hereto and on account of the location, construction,
<br /> alteration, repair or maintenance of any public ways, including bridges,tunnels, vaults, sewers,water mains,
<br /> conduits, pipes, poles and other public utilities.
<br /> The governing body of the Municipality may, under the direction of the Company or its attorneys, assist
<br /> in defending any such claim or suit.The Company shall not be required to reimburse the Municipality for
<br /> expenses incurred by it in case of the election so to assist.
<br /> The Company shall, at its own expense, indemnify and hold harmless the Municipality and its officers, agents
<br /> and employees, from liability, arising out of all judgments or settlements, including reasonable attorney fees,
<br /> whether for personal injury, bodily injury, property damage or loss or interruption of utility service arising out
<br /> of the reconstruction, installation, maintenance or other operations of the Company.
<br /> SECTION 5. USE OF POLES BY MUNICIPALITY
<br /> During the term of this Agreement and while the Company is using any pole or poles erected or maintained
<br /> hereunder, it will permit the Municipality the use of space, if such space is not required for Company needs,
<br /> for attaching the Municipality's police and fire alarm signal wires, provided that the police and fire alarm system
<br /> is provided to the public without charge. Any such attachments are to be in accordance with specifications
<br /> designated by the Company and all work will be performed by the Municipality at its expense at the top of
<br /> the space available for the use of the Company on any of said poles, it being understood that the poles upon
<br />' which space is permitted for use by the Municipality shall be considered,for the purpose of this agreement, as �
<br /> personal property; provided that such wires shall be so placed and maintained by the Municipality that the use
<br /> of the same will not interfere with the operation and maintenance of the Company's equipment or its use of
<br /> said poles, and provided further that a thirty(30) inch climbing space shall be maintained between the pole
<br /> pins on poles jointly used with another public utility. AII such police and fire alarm signal wires shall be attached
<br /> and maintained under the direction and supervision of the Company's authorized representatives and only in
<br /> compliance with any rules for construction and maintenance of electric power and communication lines as
<br /> may be ordered by the Illinois Commerce Commission.The Municipality shall, at its own expense,defend all
<br /> claims, demands, or suits on account of any injury to life, limb or property that may result by reason of or in
<br /> connection with the presence, use, maintenance, erection or removal of the Municipality's police and fire
<br /> alarm signal wires that their appurtenances pursuant hereto, and hereby agrees to save and keep harmless
<br /> the Company from any and all damages,judgments, costs and expenses of any kind which may arise by
<br /> reason thereof.
<br /> SECTION 6. COMPENSATION FOR USE OF RIGHT OF WAY
<br /> So long as the Company exercises and enjoys the rights granted to it hereunder, it shall pay to the Municipality
<br /> for each Access Line that the Company maintains and operates within the Municipality: $0.38 per Access Line
<br /> per month for the calendar year 1991, and thereafter retroactive to January 1, 1991. In no event shall the
<br /> payments for any year be less than the amounts the Municipality received in cash for the calendar year 1991.
<br /> The Company shall make said payments on a monthly basis, due the last day of the succeeding calendar
<br /> month. "Access Line"as used in this Section shall mean"the connecting facility between a customer's premise
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