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Light
<br />Cont rac t .
<br />309
<br />FIFTH: In case of the failure of any lamp or lamps to operate, the City shall
<br />have t1le rig" -t to deduct fronthe monthly haym�ents for current a sum equal to the
<br />amount that would have been earned by such lamp or lamps if actually operated during
<br />the unit of time hereinafter set out, except wren such failure in operation is caused
<br />by breakage of mercury tube at sub -station, wren forty minutes wit".out deduction will
<br />be permitted to elapse fromtime of such. breakav-e. In case of failure of any lam:) or
<br />la1riFs to ope rate by, reason of sucIn breakage of mercury tribe when the necesaary repairs
<br />are not made in forty minutes referred to, and in all other cases where any larr.p or
<br />lamps fail to operate from any: cause other than such breakage of mercury tube, it is
<br />understood that tre urit of deduction under tris contract stall not be more nor less
<br />than one nigra.
<br />SIXT'?: The duration of this contrast shallbe five years beginning at noun on
<br />Septw.ber 1,1922, and ending at noon on. September 1,1.927; and the right is reserved to
<br />said city to renew tl,,is contract for five or ten years from said first of September,
<br />1927 -and if said City decides to exercise this right, notice to that effect is to be
<br />given said Co! many by said City thirty days before the firstof �,eptember,1927. But in
<br />order that no oversia}t may operate to embarrass the parties rereto, it is agreed that
<br />at least sixty days prior to t relst of September 1927; the said Company shall notify
<br />Vre City by a written notice to its Council crutl-.er proper autrority teat the time
<br />for the City to exercise said option of renewal will arrive on the lot day of August
<br />1927, and if after suer notice the City fails to take actior.in tT^e premises, it shall
<br />be considered to rave elected to renew tT-,is contract just as it star_ds for five years
<br />fromthe let of September,1927, and ar. endorsement to that effect shallbe made upon the
<br />contract itself. If the Company fails to give the sixty days not ice herein provided
<br />for, thenthe City shallhave the right to renew or reject said contract at any time
<br />prior to January 1,1928.
<br />SEVENTY: In duing any work under t1 -is contract the Cor^pany shall take c are in
<br />no wise to injure or impair any property of the City, or the property of any company
<br />or individual, and in the event of any injury or damage of any kind whatsoever,
<br />whether to the prole rty of the City, or to the -person or property of any carer party,
<br />by the operation of said Company under this contract, or by reason of its failure to
<br />perform the contract, tl:e C(,rrparny shall be answerable and bound to save harmless and
<br />indemnify the said City against all clairz, costs and damages so ensuing.
<br />EIU1V7: It is further agreed that if said Company fails to performits obliQatior.y,
<br />or any of them, under this contract to the aatisfartion of the City, and such default
<br />continues for ten days after notice from the City that such fault exists, then the City
<br />shall have the right to declare this contract at an end, and it shall be at an end as
<br />soon as notice of suer declaration is given said Company by service of such not is a on
<br />the president of said Company. : Furthermore, the correction of any default corplained
<br />of must be satisfactory to the City, otherwise it shall not be considered a compliance
<br />with. the demand of the City, and shall rave noeffect in the cor.putatiur, of time to
<br />elaT se before a vacation of this contract.
<br />Itis furt�- er understood that the foregoing rigr,t of termination shall he
<br />in addition to, and not exclusive of any rights ..that said City may have at law or in
<br />equity fur enforcement of this contract.
<br />NIT1T': In consideration of the reduced rates at whicl'. said liplhtinr is to be
<br />supylied, itis further understood and agreed that where s aid City has heretofore
<br />excavated, or may at any time ti, ereafter find itnecessary to make excavations, for any
<br />purpose, under or alonfr tT^e street car tracks of said compnay, thereby removir7 the
<br />paving between the rails of said track or for a distance of eighteen inches on.tre
<br />outside thereof , said Company shall not be required to restore said pavement, but said
<br />City will replace the same, putting such removed portion of paving. back in as good
<br />c(;nditior as it was in before such removal, And furthermore, said City sliall prole rly
<br />back -fill any and all such excavations, tamping same and oth,- rwise using such care
<br />as shall render future work or repair on the part of said Company in the maintenance
<br />of its said tracks or paving by reason of such excavation., unneceseary.
<br />I WITI%TA,,SS WITEREOF said Charlottesville and Albemarle Railway Company has
<br />caused its name to be signed Yiereby by Torn T . Livers, its President, and its corpo-
<br />rate seal r.ereunto affixed and attested by W. P,. Morton, its Secretaryi and said City
<br />of Charlottesville has caused its name to be signed rereto by ,Torn R. Mor.rie,its
<br />Mayor, and its corporate seal to be hereunto affixed and attested by E. I. Caruthers,
<br />Cls rk of its Council, all of which is done this let day of Septem_ber,1922.
<br />E77CUTED IYP DUPL1 LATE
<br />CTIA O T TE S`JI LLE Alii ALBEIt,A RLE RAILWAY COO
<br />Attest: W. R. Vorton., Secretary'. BY John L. Livers, President.
<br />Attest: E. I. Carruthers,
<br />Cle rko f Council.
<br />(Seal)
<br />CITY OF CT'ARLOTTES'IILLE
<br />BY John R. Morris,
<br />Mayo r.
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