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and the said City shall have such further control and police power
over said crossings as the'eity charter and state laws permit.
The said city reserves to itself the right to carry all water
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mains, sewers, conduits and other public utilities underneath, or
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wires above, the tracks of the said grantee, its successors or
assigns, in said public streets, or either thereof, and the right
of access to any space occupied by such tracks within the limits
of such streets, or either theroof, and the right to open the
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ground beneath the said traeke,for all purposes of construction,
maintenance, repair, alteration and inspection of any such public
utilities, which rights shall bs exercised, however, so as to
interfere as little as practicable with the use of said tracks,
and so as to leave the roadbed and tracks in as good condition
as prior to the exercise of such rights.
Section 6, The said grantee, its successors and assigns, in
and by accepting tho grants, privileges and benefits conferred by
this ordinance, covenants for itself, .its successors and assigns,
with the City of Port Townsend that it will at all times keep and
save harmless the said city from and against all liability, loss,:
cost, damage or expense which may at any time arise or accrue by
reason of said grantee's appropriation of any real estate or other
property for right of way or other purposes for the construction,
maintenance or operation of the railway or cars of the said
grantee, its successors or assigns, in, along,upon, across or over j ` -
either of said streets, or by reason of anything that may be done
by said grantee, its successors or assigns, and shall defend any
and all actions arisinr• in relation. thereto, Provided, that the
said city, its successors or assigns, in all instances where it is
sought to hold said grantee, its successors or assigns, liable
hereunder, shall notify the said grantee, its successors or assigns'
in writing of the pendency of said action and give it or them an