CO129-525-12 Transfer of Government wireless services to imperial and international communications Ltd 20-3-1930 - 7-1-1931 — Page 34

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Provided that when any such owner refuses to give any such consent as aforesaid, it shall be lawful for the Com- pany to appeal from such refusal to the Director, who shall, if he considers such refusal to have been unreason- able, give a certificate under his hand to the Company to that effect, and, upon receipt of such certificate it shall be lawful for the Company to act in every respect as if the consent of such owner had been previously obtained.

24. The Company shall not have any claim in damages Company or otherwise against the Government in respect of any not to have disturbance or interruption of any part of the Company's claim against

Government undertaking lines or works occasioned by any works on for disturb.

ance of

or excavation or disturbance of streets or lands which the Governor in Council may think it necessary or desirable their works to make for the purpose of altering the level of any lands or by certain

specified the gradient or level of or repairing or constructing any works. street, path or land or laying or renewing drain pipes or sewers gas or water pipes or mains or any tube, casing, wire or cable for the carriage of electrical current or inspect- ing the same or for any other lawful purpose, whether of a like nature to the purposes aforesaid or not, or in respect of any disturbance or interruption occasioned by any person using or making any works upon or excavation or dis- turbance of any streets or lands.

25. The Company shall take all reasonable precautions Precaution to prevent lightning discharges from entering any build- to be taken

to prevent ings in which its telephones are installed or to which any

lightning wire, bracket or other apparatus of the Company is attached. discharges

entering buildings.

26. The Company shall be auswerable for and shall Company indemnify the Government against all claims on account of to be

answerable accident, damage or injury to property or to any person for aud arising through its act neglect or default, or through the act indemnify neglect or default of its servants or of any contractor Government employed by it, or through or in consequence of any of the against Company's works under the concession, or through the claims. construction maintenance repair or operation of the Com- pany's telephone system, or through the downfall of wires, cables, insulators, brackets, posts or any part of its lines by reason of storm (if the damage caused by such storm is due to the Company's negligence) or any other cause of whatever nature or through the Company's system interfer- ing with, injuring or impairing the efficiency of the under taking of any other person.

27. The Company shall, within a reasonable time after Company to receipt of notice in writing from the Director, at the sole alter works cost and charges of the Company and in such manner as on notice. the Director shall prescribe :-

(a) Alter the course, depth and position or the mole of attachment of any of the Company's lines or cables and the position of any post or inspection pit or other works of the Company; save that the Company shall not be required to alter its ducts or main cables unless in the opinion of the Governor in Council such alteration is necessary: (b) Cause any line or cable to be protected, insulated or enclosed in order that the same may not affect, endanger or interfere with any other telegraplı line or cable or any line or cable for the carriage of electrical current:

(e) Where any such work as aforesaid shall necessi- tate the opening or breaking up of any street make good the surface thereof.

cables and

28. The Director may, by notice in writing to the Com- Overhear pany, require that all or any overhead lines shall be lines to be placed in cables and that all or any overhead lines or cables placed in shall be placed underground, and upon receipt of notice in overhear that behalf the Company shall, at its own cost and charges, lines and within a reasonable period not exceeding two years from cables to be the date of such notice, carry out the works required by placed such notice.

underground un noticu.

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