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Description:	260 journal of the common council regular session agreement and contract for ornamental street lighting service between public service indiana inc and city of terre haute indiana third street excluding overpass date entered into date rate approved by public service commission of indiana january 7 1987 date service commenced date of expiration of fixed term after last date agreement continues for a term of 10 years and from year to year thereafter and is binding until 60 days notice by either party prior to expiration of the initial fixed term or any successive one year term agreement for street lighting service this agreement made and entered into this day of 19 , by and between the city of terre haute acting by and through its board of public works and safety hereinafter called customer party of the first part and public service indiana inc a corporation organized under the laws of the state of indiana hereinafter called company party of the second part witnesseth that for and in consideration of the covenants and agreements of the respective parties hereto hereinafter set forth the parties hereto do hereby mutually agree as follws section 1 company will furnish in accordance with conditions hereinafter set out all necessary equipment to provide operate and maintain a street lighting system and company will furnish electric energy all for the purpose of furnishing street lighting service to customer section 2 a detail of the locations of the lamps to be supplied for said street lighting system and the respective sizes of such lamps is set forth on the print hereto attached bearing print no 52/22180,1,2 marked exhibit a and made a part hereof the same as if incorporated herein section 3 except as otherwise provided in this agreement customer shall pay company for the operation of said street lighting system and for the electric energy supplied therefor an amount determined at the following rates per lamp per month based on the costs set forth in attached rate osl no of lamps 193 - 250 watt sodium vapor rate per lamp per month 25.85 outage credit per lamp per night $ 85 section 4 the operation of said street lighting system and the supplying of electric energy therefor shall be in accordance with the following provisions 1 liability company shall protect and save customer harmless from any and all loss damage or liability proximately caused by the negligency of company in the installation and/or maintenance of the street lighting system but this shall not be construed as an assumption of any liability of injury to or death of any person or for damage to any property caused by the failure of any lamp or lamps to operate 2 ownership of system - service lines all facilities installed by company to provide street lighting service under this agreement are and shall remain the property of company and the termination of this agreement for any reason whatsoever shall not in any way affect such ownership by company nor deprive company of the right either to remove any or all property comprising such street lihgting system or any part thereof or to use the same in or in connection with the rendering of other public utility service by company 3 rate changes should any change in the rates provided for herein be lawfully ordered by the public service commission of indiana payments for service by customer to company as provided herein shall tereafter be made upon the basis of such new rates as changed and approved by the public service commission of indiana section 5 service under this agreement shall commence as soon as practticable and company shall notify customer in writing as to the date on which service hereunder will commence the initial fixed term of this agreement during which customer shall take and company shall render service hereunder shall be ten 10 years from the said date when service commences hereunder and after the said initial fixed term of ten 10 years this agreement shall continue in force and effect for successive terms of one 1 year either one of the parties hereto upon at least sixty 60 days prior written notice to the other may terminate this agreement at the expiration of said initial fixed term of ten 10 years or at the expiration of any successive one-year term
Source:	http://indstate.contentdm.oclc.org/digital/collection/cth/id/321
Collection:	City of Terre Haute

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