Evening journal., 1902-01-27

stances require in fairness that less de-
duction should he made remit part or all
Of the penalty imposed by this section.
Tests TO ascertain the candle power OF
said lights shall be made i'm the usual and
accepted method of making such tests
and 10y standard apparatus by represen-
/ tatives of the parties hereto aud shall be
made under as nearly similar conditions
| as to pressure OF gas, etc, as they burn
upon the street. II upon such test it
shall be found that the candle power Of
| lamps furnished hereunder is less than
| the required candle power, the party OF
| the first part shall have the right to in
| nict penalty heremheforc defined and
4 shall notify the party of the second part
i 90 that effect and thereupon within ten
i days of the receipt of said notification
said party of the second part shall make
such changes as will cause the light or
lights % give the requisite candle power
. ana shall notify the said party of the
/, first part that It has 80 done, when am
other test shall he made as herein pro-
vided I'm case OF the disagreement of
the parties hereto as TO the result of test
| or method OF making same, they shall
r. Jointly choose third party skilled in such
d matters. whose decision shall be final aud
r. conclusive,
l. Third The said party Of the second
e. part shall and will at all times during
N said term protect, indemnify and save
e. harmless the said party of the first
* part of and from any and all actions
m suits. damages costs and expenses
of arising from It's negligence or the neg
Df hgence of its servants, agents or en-
It, ployos in the performance OF this
I'd agreement In the event Of any suit
ad or suits being brought against the
l. o. ~. q Fttr hr
Pr mont of any letters patent OF the
PSF United States by reason of the use of
said lights so furnished, said party of
eu the second part will protect, indemnify
u land save harmless the said party OF
the first part from and against any
final Judgment. decree or award that
~ may be entered against the said party
~, OF the first part In any such suit or
4, suits. and that Il will, at its own cx-
an lpense and through its own counsel, as
~. sumo and conduct tho defense Of any
IN lsuch suit or suits provided due notice
law lof the bringing of such suit or suits be
The given to the party of the second part
lel I'm writing. within ten days from and
Nh latter the service Of the subpoena on
ion process i'm such suit or suits. together
ON with full authority to the party of the
our second part TO assume and conduct
me all such litigation TO final determine
ter tion. appoint counsel for that purpose
to and take steps therein. from time "a
ere time. as may be by it and In the iudg-
&. mont of It's counsel deemed necessary
hs to that end
lam Fourth Said party OF the secon'
lch' part shall have the use of all the posts
lay' now owned by the city of Wilmington
..p approximately eight hundred and nit
..IIsafI M
Wy now i'm use and upon which lights ar
,''ae , to be placed by the party of the seeon'
lpart without any change in the loca
.sl ton thereof. except at the expense O
loe the party of the first part. The remain
Toto ling posts. approximately three hundre
land fifty $500 shall be placed at sue
locations along the lines of the main
,v of the Wilmington Coal Gas COMPANY
lent as shall be designated by the party {
The first part at the expense OF th
marty of the second part. The n
mainder OF the posts necessary for IN
ldeu fuhllment of this agreement shall
D., furnished and owned by the party
anu the second part and shall be located Z
WI such points along the lines OF u
"i mains of the Wilmington Coal CT
p''n Company as shall be designated
=" the party of the first part. All reloc
i' ~ tions of posts shall he made by d
party of the second part at the G
r tbo pense of the party of the first part al
and the erection Of said lamps at q
,fter places of such, relocations shall
,rees made by and at the expense Of the sa
first party of the second part
Fifth. In consideration whereof Z
r the lparty of the first part hereby covenan
first land agrees to and with thesaid party
iding the second part, it's successors and a
r A signs, to pay TO the said party Oh I
'inaf second part, its SUCCESSORS and assigi
I O00l during the entire term of this ca
and tract. for at least one thousand l,OO
re- as lamps furnished as herein provide
said the sum of twenty-six and seventy-h
mate one hundredth dollars (S2675) per a
or TO mum. for each and every lamp, 81
iight pavments TO be made in equal mont
uu, instalments.
henl' All additional lights under I
eAt,h- agreement shall be paid for by
IL .lie marty of the first part at the abo
l'"l', .' named rate. commencing at the per
% ~. of lighting and using said lamps,
=. a when additional lamps are so install
~, ali the payments shall be made for
ac,in. leame for the balance of the term C.
"a see cred by this agreement
nron- In witness whereof the parties he
4 dur. Ito have duly executed these prese
agree the day and year first above writer
John C. Fahey Mayor
ntractI Attest. William p. Morrison, Cl
{ shall of Council.
candle (Seal of City,
Welsbach Street Lighting Company
'epart- America. by William Findlay Bro
e tWol President.
shah Attest. Nathan Y. Worrall, Sec
fault ,,r,
1t give ,soan
ned as ~ S.. ard cerer Departm
I, a.lu viii discuss the subject again tom
row. 4aN a.sAe As-.-'