Each bond so filed by the applicant, as required hereunder, shall
be conditioned as follows and shall be guaranteed by a corporate surety,
containing language commonly used in performance bonds, and approved
by the Borough:
"Now, the condition of this obligation is such: that if the
(applicant), principal hereinbefore named, his, their, or it's
heirs, executors, administrators, successors or assigns, in laying
or repairing or connecting water mains, gas lines, pipes, surface
lines, or performing other work, in any public street, avenue, road,
square, alley, highway, or other public place located in the Borough,
including therein all sidewalk and unimproved areas within the street
limits, requiring a permit from the Borough for the opening thereof,
shall properly protect and guard all excavations made by him, them,
or it, and place lights or warnings while so laying or repairing or
connecting or excavating or performing any such work and erecting
such pipes, together with the curb or gate valve boxes, so that the
top thereof shall be flush with the surrounding ground, and shall
forthwith restore at his, their, or it's expense, the earth,
pavements, streets, avenues, roads, squares, alleys, highways, or
other public places located in the Borough, including therein all
sidewalk and unimproved areas within the street limits, and any sewer
connections, manhole covers, drains, or castings insofar as the same
have been disturbed by the principal, in the same condition in which
they were before being so disturbed, to be restored in accordance
with this ordinance and keep the same at his, their, or it's
expense is good repair for two years from the date the permit issued
for the same by the Borough; and provided, further, that if the (applicant),
principal, his, their, or its heirs, executors, administrators, successors,
or assigns, respectively, shall indemnify and save harmless the Borough,
its successors and assigns from all loss, damage, costs, charges,
excess yardage charges, increased permit charges, applied permit charges,
and expenses whatsoever in any manner occasioned by or arising from
the opening, repairing, excavating or disturbing of any public street,
avenue, road, square, alley, highway or other public place located
within the Borough, including therein all sidewalk and unimproved
areas within the street limits; and provided further that if the (applicant),
principal, his, their or its heirs, executors, administrators, successors,
or assigns, respectively, shall indemnify and save harmless the Borough,
it's successors or assigns from all damages, costs, charges and
expenses for which the Borough may be held liable for or by reason
of injuries or damages to a persons or property resulting from or
incurred because of the negligence of the (applicant), principal,
in the performance of the work comprehended by the permit or done
by the principal, his, their, or it's agents, servants, employees,
or subcontractors, following the issuance thereof; then this obligation
shall be void. Otherwise, it shall be, and remain in, full force and
effect."