The Daily Missoulian., 1909-01-03

of any negligence or CareleSSneSS or
mismanagement upon the part of the
said grantee, the city of Missoula shall
become liable in damages to third par
ties, said grantee, or his heirs, execu-
tors, administrators, or assigns, shall
indemnify and save harmless the
city of Missoula from liability for such
damages, and shall pay all judgments
and costs that may be recovered by
reason Of any and all injuries and
damages to persons or property by
reason of any misconduct, careless
ness, negligence, or neglect of the said
grantee, or his heirs or executors, ad-
ministrators or assigns; and condi-
toned, also. to indemnify the said city
of Missoula because of any loss by
reason of the exercise Of any of the
rights and privileges herein granted
II at any time during the continu-
ance of this franchise the city council
shall deem the sureties on the bond so
given insufficient, said grantee, his
heirs executors, administrators and
assigns shall be required to furnish
new bond, to be approved by the
city council, and any failure or refusal
to furnish said new sureties after ten
Q0) days notice, shall, at the option
of the city council, forfeit all rights
and privileges conferred by this ordi-
nance.
Second-At the time of the accept
ance of this ordinance as provided In
section 13 to furnish bond in the
sum of ten thousand dollars (s10,000),
to commence the construction Of the
street railway herein provided for
within six (6) months from and after
the time when this ordinance shall be
passed and approved by the city
council and mayor of the city of Mis-
soula, as provided by law; pro-
vided, however. that If the Hig-
gins avenue bridge is not COM
pleted within six (6) months, the time
for the commencement of work may
be extended by resolution Of the city
council from time to time for such ad-
ditional time as may be necessary In
order that the Higgins avenue bridge
may be used in the operation of said
road.
Section l6. The failure OF the said
grantee or his heirs, executors. admin
istrators, or assigns, to comply with
any or all of the provisions of this or
dinance except the speed limit shall
upon ten Q0) days notice to
the said grantee. or his heirs, exc
cutors, administrators, or assigns,
work q forfeiture of the rights and
privileges herein granted such forfei-
ture to be, at the option of the said city
council either declared or waived
provided, however, that should the
grantee be delayed or prevented from
carrying out and completing any of the
agreements herein contained, by
strikes, lockouts, or other circum-
stances not under his control, then
the time within which he Is to COM
plete and fully perform any OF the
agreements to be by him kept and per-
formed shall be extended for such q
length of time as he Is prevented or
delayed from performing the same by
reason thereof.
Section II. The grantee herein
named or his heirs. executors. admin
istrators, or assigns, shall cause to be
completed and in operation within the
limits of the city OF Missoula not less
than two miles of line within six (6)
months from the commencement of
work, and five miles within two (2)
years from the time when the work
is commenced thereon
Section 49, No fare OF more than
five cents Is cts) shall be charged or
collected for the transporting of a pas
senger from any point within the city