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<br />Section 5. Transferability. If the rights granted herein to the Company are <br /> <br /> <br />transferred or assigned by the Company to any third party incident to a sale or other transfer of the <br /> <br />Company's system or plant, the transferee or assignee shall be obligated to comply with all of the <br /> <br />terms and conditions of this Ordinance. <br /> <br /> <br />Section 6. Forfeiture. Failure on the part of the Company to comply in any <br /> <br /> <br />substantial respect with any of the material provisions of this agreement shall be grounds for a <br /> <br /> <br />forfeiture of the permission granted herein, but no such forfeiture shall take effect if the <br /> <br /> <br />reasonableness or propriety thereof is protested by the Company, until a court of competent <br /> <br /> <br />jurisdiction (with right of appeal in either party) shall have found that the Company failed to comply <br /> <br /> <br />in a substantial respect with any of the material provisions of this Ordinance. The Company shall <br /> <br /> <br />have six (6) months after the final determination of the question to make good the default, before a <br /> <br /> <br />forfeiture shall result, with the right in the City at its discretion to grant such additional time to the <br /> <br /> <br />Company for compliance as necessities in the case require. <br /> <br />Section 7. <br /> <br />Hold Harmless. The Company shall indemnify the City against and <br /> <br />assume all liabilities for damages which may arise or accrue to the City for any injury to persons or <br /> <br /> <br />damage to property from the grant of permission hereunder, including doing of any work herein <br /> <br /> <br />authorized, or the neglect of the Company or any of its employees to comply with any ordinance <br /> <br /> <br />regulating the use of the streets of the City, and the acceptance by the Company of this Ordinance <br /> <br /> <br />shall be an agreement by it to pay to the City any sum of money for which the City may become liable <br /> <br /> <br />from, or by any reason of, such injury or damage, including reasonable attorneys' fees incurred by <br /> <br /> <br />City. <br /> <br />Section 8. <br /> <br />Underground Installation. The Company shall install underground <br /> <br />extensions of telephone distribution lines in new residential subdivisions over five units or new <br /> <br />0RD9S-11 <br /> <br />-4- <br />