Consent be and the same is hereby granted to the Duquesne Light
Company, its successors and assigns, hereinafter referred to as "Company,"
to enter upon and to construct, erect, maintain, repair, replace,
use and operate poles, wires, cables, conduits, ducts, crossarms,
manholes, and all devices and appurtenances thereto belonging, hereinafter
referred to as "facilities," whether underground or overhead, along,
on, upon, over, under and through the streets, roads, highways, lanes
and alleys of the present or future limits of the Borough of Etna,
hereinafter sometimes referred to as "Borough," from time to time,
for the purpose of conducting electricity in and through the said
Borough, and for the purpose of furnishing light, heat and power,
or any of them, by means of electricity, to individuals, firms, partnerships
and corporations in said Borough; and to use the facilities of other
companies, and to permit other companies that possess authority to
operate within the said Borough to use its facilities, located in
such streets, roads, highways, lanes and alleys upon such arrangements
as the Company and such other companies may agree.
In constructing and erecting the said facilities along, on,
upon, over, under and through said streets, roads, highways, lanes
and alleys, within said Borough, only such portion of said streets,
roads, highways, lanes and alleys shall be occupied as will not interfere
with the necessary, customary and ordinary use of the same. All poles
shall be located at such point or points as shall be designated and
approved by the Borough Council of said Borough or its designated
representative.
The said Company shall at all times indemnify and save harmless
the Borough of Etna of and from all claims and demands, and from any
suits or damage to persons or property that might arise from the construction,
maintenance or operation of the facilities of said Company.
In case any claim for damages shall be made against the Borough
for which the said Company may be liable, the Borough shall promptly
notify the said Company of such claim or claims, and in case any suit
for damages shall be brought against the Borough for which the Company
may be liable, the Borough shall notify the Company of said suit within
10 days from the service of summons thereof upon the Borough, and
the Company shall defend such claim or suit.