"Now, the condition of this obligation is such: That if the said (applicant), principal hereinbefore named, his, their, or its heirs, executors, administrators, successors or assigns, in opening, repairing, excavating or disturbing any public street, avenue, road, square, alley, highway or other public place located in the Borough of Ben Avon, including therein all sidewalk and unimproved areas within the street right-of-way requiring a permit from said Borough of Ben Avon for the opening thereof, shall properly protect and guard all excavations made by him, them or it, and place lights or warnings while so performing any such work and in connection therewith, installing 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 its expense, the earth, pavements, streets, avenues, roads, squares, alleys, highways or other public places located in the Borough of Ben Avon, including therein all sidewalk and unimproved areas within the street limits, any sewer connections, manhole covers, drains or castings, insofar as the same have been distributed by said principal, in the same condition in which they were before being so disturbed, and keep the same at his, their or its expense in good repair for one year from the date of the permit issued for the same by the Borough of Ben Avon; and provided, further, that if said (applicant) principal, his, their, or its heirs, executors, administrators, successors or assigns, respectively, shall indemnify and save harmless the said Borough of Ben Avon, 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 any public street, avenue, road, square, alley, highway or other public place located in the Borough of Ben Avon, including therein all sidewalk and unimproved areas within the street limits; and provided, further, that if said (applicant), principal, his, their or its heirs, executors, administrators, successors or assigns, respectively, shall defend, indemnify and save harmless the Borough of Ben Avon, its successors or assigns, from all damages, costs, charges and expenses for which the said Borough of Ben Avon may be held liable for or by reason of injuries or damages to persons or property resulting from or incurred because of the negligence of said (applicant), principal, in the performance of the work comprehended by said permit or done by the principal, his, their or its agents, servants, employees or subcontractors, following the issuance thereof; then this obligation to be void, otherwise to be and remain in full force and effect." |