:..??) f.TX"v5TF,T7r?TOnflF",M , , . .-v ill L .. ' ' 'JL .,.' , 1 ' I f . -PPriiPrtoTTTgaBn-T.-') -v, yA UMa huur Tft ANsim H" "B" UCh MUM . . I . . .v.nea Dy the bo( -o ..my De ae. .,, SYdfc , from ri One "TV. .i,..itv transit facilities con-tllutlns- ' h i-dlvldual.operntfnir section and there. B.i .- an.. ...a,, ,. . .,...... itiu oa u I Siiim efficiently and Recording to the hlRh P' Si Standards of electric rallwny opera- W . .1.. Ante. tt the nrflrnnlntlnn nt tfc. if Afr " " --" -' " i. So transit facility provided by the K it shall become a pari or mo unmed sjs Wr unless tho board shall have approved t? if"1..., m nrovlded under Article XXXIV IS T.y. M to specification-) ntid cost, but this '5 JJiii-ion shall not apply to any transit fc jIaiiiiv constructed, purchased or other- wise procured by tho city prior to the lite of trie organ. mi.u.. "i mo uu-.ru. i ,i. The company shall not provide anv ils: inntlt facility- the cost of which will create ' in .ddltlon to the fixed chartres of the com Ifc !? as snecincd In Article Xlh, unless the f Kiri shall have apprnvsd the same, both r D5r .iAotlnnM nrwt mil. r r Bsd "I'0" tne recommendations of the k board, tne cuy onmi me rimii io re- r . t. nnmnanv from llmo fn tlm. ...vM and operate such additions and l .-tensions to the company's transit faclll I. .t. within the limits of Philadelphia as E ... mmlsslon, upt.n licarlmr, shall de- Purmlne to be reasonable under this con. trjet and necessary for service to the public I in connection wltn tno uevciopment or the unified -ysiern. - i'U'uj u.ve- any nblKtlon to tho Jurisdiction of the com mlwlon to Issue an order requiring the company to take nny nctlon necessary to tiable It to construct or procure the con itruetlon of such additions or extensions COMPANY TO FUHNISH FACII.ITtrS First The city shall give notice to the Amnanv at such time at It contracts fcr t tht construction of any line, or part of a I.1 II ef the city's system, and the company 1 liull furnish transit facilities for the same V it or before such time as they shall bo medta ror operation ; ituv.ucu, mm reason ibti tltn ha" u9 allowed the company In -. in Iran-It facilities nprp-nrv ttr I iuch parts of the city's system ns mav be f) unr construction ai me iiaie upon wnicn tmS COniraci nun" "ctumo encuiive, 'l lie tompany shall Install such transit facilities it iuch tlme and In such manner as not to InUrfere with the construction or In itillitlon of the city's transit facilities, so hit where necessary the work of construct fi inrsnd lnstalllntf the city's transit facilities k n Installing the transit facilities to be rA furnwnea vy inu uuiuimn) lur ine cuy may f be co-ordinated with tt view to the greatest ( tfflelency as regards time and expense. The j company agrees not to delay partial or com V plete operation of the city's system or any ? pirt thereof by neglect or falluie to furnish & the transit facilities specllled In thH article. ind the city Is hereby empowered, if In the tplnlon of the director any such delay Is ciused by the comrnny, to proceed, upon notice, to supply such transit facilities at ISf the company's exponfo as provided In Article ah , Second. "The company shall provide the following transit facilities for use upon or In connection with tho city's transit facili ties: (a) Low tension feeders, both positive ind negatlxc (b) High tension cables, ducts and con duits, transmission Hues and connections, Including poles, ulics nnd such appurte- Ki nances as may bo necessary for the opera- I t.A.. nf Hi- nltv,a ttvulAni IC) l'oner sUitions, substations and real enf-te necessary therefor. (d) Telephone and any other apparatus for communication. (e) Lighting flxturci nnd wiring for tatlons and tunnels. (0 All station equipment. (&) Such shop tools, machinery and other niecellaneout Items as may be specified If (he board. In sirlilll Intl In flit nhniA M,a r.nti.... J may be tequircd to supply, at the city's cptlon, tracks, third tall, signals and roll ing stock, for use upon or In connection Kt with the city's transit facilities, pnnlded Ky me company is awe to secure funds for the -- wi.akiuv.,u(, .,, kfuiv.,iaac ui buuii lacuuies it in annual Interest cost no exceeding Six (6) per centum. COMPANY TO FURNISH POWER Third. The company hereby agrees that It M furnish ndequate power for the opera tion of the unified sjstem. Subject to the ijproval of the board, the company may contract for the purchase of power, con itruct new power stations and substations, lad utilize and enlarge tho existing power t-tlons, substations and other electrical equipment forming part of the present op erttlng plants of the company. In fur therance of this purpose, the company ay improve, modify or change the power Plants, substations and other electrical equipment forming part of its operating equipment .Fourth. In connection with transit fa cilities tO be flrn!)lftH hv thn nnmntintr fn fit... i... .., : .".-.r. . :. .- ". mi It laciiitate tne operat'on or the unified system, the company shall hae I ;. the right tO Urmlllp ftlmUh Innlnll 1it- E1! 'J1-1 maintain, In streets or 'other public wwiea, sucn connections, condu ts. nines. iy or other means for tho transportation or transmission of eicctr'clty, steam, water, Ir or other form of energy to provide Power or to signal or to send messages, as -y be necessary solely for the proper per&tlon of the unified system; but no Wh conduits, pipes, ways or other means -hll be provided, furnished, Installed or jl- unless the board shall have approved th location, character and method of con struction Of ttlA nnniA an.l tliA I,., nt .4-aata If 2 iC,nnecUon therewith. All such work fc MUlll be SUhtecf if. all t'ir rn,ilfil,n. -in- Ih, Wf thereto. E? ,v mi Wherever practicable the company S, JJJ11 b allowed to use for substations or if PtAer transit fanltlaa -vnllnhl. AV.A.. -a1 (( State purchased by the cltv for or as a Mrt of the city's transit facilities. ADEQUACY OF FACILITIES The company shall, at all times during J" " of this contract, provide transit jwuitles, for use upon or In connection with ii.C,"ty's transit facilities as specified in on? V a'"1 transit facilities for use opon or in connection with the company's .Wii which shall be adequate nnd sult- tM company shall reasonably an- tm, tho Browth of tramc and provide '"' of such transit facilities therefor, . "her With Slleh mmrn nnrllnni nf such . --. (..v t,u...u.. -. .. GRAB, GUARANTEES DIVTOENg - - CIIANon iv . "c. at th. ln"f'V.re - the Market street "tin6 .IT-l "3"yM..."me.a JT1! ih.C-mm.nweal.h. passed Point, ot branch.;' the at Frankford line ami .i?. Jr(,nch-orf of i the points uh!r!"5 ",.,..I."-by "ne. and Mhtty loop Mia ,JT V,e.CT?"i.hy the wi'dlng necessary nii , 8lr"t ,lne- '"' rntde by the city "' lo" chnges. shall be "- trt.t line '.h,n " the Chest other arrangement, ' ,be, constcted. or !e for or the r.rnJ fof ,orml"al facll or Uarbv line, 0P ,"" V.Vhe Vr""4 "UCh further" eh.n h ot tnc sa,d lln' line shl cha,ns " the Market street I,, ,'" " ni'Prced by the boai n..,1.-";,..' " 'Uratton. recon, K;,ffinhh.'GS3.h'-'-r iromi iil i . comPny "hall fall to make Brantedt1vX,,hI",on ,P "tel""' of time wilt J thc JOi,r1' the city mav: cost and ffi ,,,e, !Lan',lt facllltI- t the m. i exl'cnke " the company, In which the'newnT,' ."W ' bB 'M l5 In ArUcIe Xli, ,,0M1I,:ln--- n "Leclfled ance.COfo'r ih!-l'f." '.II1.1 for s,'eclnc ----m-tr.il.-J. ,tl10 ni'Polntment of n receUer. Sr.?Jiy"I,.t.tlon or fur -ch other form .; ,,.''" '"". court lllni ilftm equitable oard Hon ,r eh, -"'.." 'c"X!0n.' "construe vlded nni. ar i creinucrore pro- hiH "" lntPi?rf. ?TBrMU,,,n refrom t-rrsi, 'fnumie '" ,ht C0,t of tho clt-8 COST OF TRANSIT FACILITIES thf!;?i,np!,0nB ,l,e cost of a transit fafllltv !.onc!h. R "e'nS 'hB b '-cluded.TnS mo'nev or'nl' and "eary net cost in irnC,lt,facl,myChase " co'""ru""' " aniaces nrnni??al. ,ervl''e- '"""ranee and J:J PJ" J, a'" or ac"ued befo.e the be- mS"f :.."a"on.'. an'' ?ch ""ess " t li'iiijiih w r rnn r.iu... n,flA ' . .." -' and.nirnn.. ..':,"".'." ,""' ""' Third i circumstances. legal or .n.XJ.'.'cacn an1 V'ry nt th. l.,-l.t.U sessloni ot 191J nnd 19IS nnd dulv np proed by the voto of the people at the Noember election In ID15. Oross revenue shall consist of the reve nue from transportation and revenue from operations other than transportation, In cluding nil gross receipts or gross earn Iiiks, Interests on deposits. Income of llie company from securities of untlcrlvlng loiiipanles, or other Income or profits from all sources derived by the company directly or Indirectly from the operation nnd Use of tho company's system from the date upon which this contmet h-iii i,, yfrric,'j' ' the Initial operation of the first individual operating section of the city's or enuttnl.u -.i.. - . . V. ' I sv.stem. nn,1 ti,-Anrn- ,i.. ..,.... existing n-niviij now nr nereattcr ." ..: , mr uninea sys- Its operation ns during a -. I. .,.- . . . n boar. . ,mf ;;;""-'. "' "'".opinion or the revenue. ' '"'", cn"Keawe against gross vlded bvllth,W ,he ,ran-lt faclllty b.W Inr fiimi i " c01"'"1" Interest nnd sink- Knd c,h,iT Paid or accrued dur ng the "' ,0 ,n? we f he facility In t?iut i ' y tor ,he facility. In case the I " 1, L? ' the city. JntercM ;:..!?.r?. r nie.l fnr iv, . i securities Issued t --. .... ,.iioil laciuty flurl of construction and for ono cqmpletlon of thn unrt f debtedness shall have hn in,,,-.., (a All . . " ""mrii w, u uxjiphbc liicurrod In nrocurlm?iiii m0yne?nc.eudCrr;,, P"y 'r - '-'-t fn mv. Including the cost of engraving ami printing securities, adverstlslng taxes ex. IL S(, ' "nB. !ecur1"" "nd trustees' "---" n-i-uirfu in connection with original Issue of securities Ki) i-xpendltures foi tlonCto " rcme,1' sl"1 be '" 'hU-enl-ii Vr 0,,,'r remedy, and may be and l suehnm !""e ,0 ,,m' aml a' - pedle t hv r or a'1 mn' 1,c ,,eemtJ bee n. V? ,e fll' "i"' t,,e crclse r the 'hS n iS?i t"" .N"rc" of one r'me'-? to exerc e n,dp,7nP1 n ttnlu'r of r'Rht any other rl.lh,e M,ne ,,me or thereafter lonsh. iln, ,ei !v ,'xecl1t ,lmt no two In- is; Mm'.'.sr1"" rhan he cxerc"c" at inlt0!,!",''!0" ,ltre,'"'lT shall, however. Im- ecur lie, of",?' ",e llC" or 'CCU,ll' " ai'V ls9iio.li.; "'P C0"'Imiiv theretofore dulv thTse,C0,n,tl?;cCtrrlla,,c, WUh thC "'" of THE ACTf.M. LKASi: MICTION C The dliector shall .u .!., . . .mid..-?" cl?."y m,n ",,e '-h : tern i ,er"''l- wun of the cltv-s sys. tern will be completed e.Jhin.iuiY" S,lla11 ,ak,, iww'lon of cltv m i . 'Ual P,,r-""'K section of the l,":I"c"1 "t midnight on the day when Z, , '" !,,,a" ,,e completed, but -lull "c, o'nlnm";1,1 'J! rMr? ""!'' " ic. onnor Mr ,, f ha" 1,'lv' ,,n'1 "''Honable ties in i nr """l,!'"K the transit fncill such kJ.T f,""nl"'e.l by the company for 1 nH,r,l'a, V ",fr,nf" remain in posses "ion during he term of this lease ,. ,C "" or an ''" "f hc clt.v H " " "ll iimn.inv siinii h i.r,..,.j DEDUCTIONS FROM CROPS RI.VIJNl'K From and after tho dale upon which this contract shall become effective the company shall mnke. In the order named, from the gross revenue of each fiscal vear, the following deductions or payments prop, erly chargeable ngalnst tho gross revenue of the said yeaf: Item 1 All expenses. Including mainte nance nnd damages nctually Incurred by tho company In the operation of the com pnnv a s.v-tem until the beginning of the operation or the unified s.vstem, and there arter or the unified svstem ...I'i01". : A" ta't", "'at may be assessed against the city upon Its securities issued ?..paT. ."r ,1,p construction or piucliai.,. of ,h ."t r,,cllltl""' nd In respect 1" : 111. r operation or the elty'a svstem and all taxes, licenses, assessments and charges now nr l.rMn. ........... evled or nssP.scli ,v nnv cottm,,, , .,,.11 i' .or w,,lcl1 tlu' company mav be re Lnl,lC?lt ' ,MV, U"" .r '" lc,"t'l't " the aid clt s kj stein or the operation thereof. !!!." ,e,,ncct Pf wn capital stock, prop erty or franchises, or Its debt mid the In crest thereon Hs ..xerclse of It franchises. lumLn."1'" ,ro-" C.-lpts. net Income, or dividends p.i,. mi nl, tnX(., ncenws ' ,. wssments and charges Imposed upon nnv iompnn.v vvh.ise propctty Is owned bv the :H,;y,,L.?,..!".,,:r-1 ." ' opemud-l,. U "' "im.T ine lerms or such leaso or operating gi cement It Ls ,ai-.i .- .'.'a.w, ""-lit tnves due to the cltv on dlvl- svh .m , ' or an ,Mt "f the clt s 1 sjsiem, the nmium. .i..n . ... . .. .. . -.,.-.... nu. in up iipriniiie.i o pa.v eZ . ", "'?"'. l"v "" transit facilities i,-m r. i,v 1,". 'V -.. " " " '1,a,", un(1,r ng the period . . "-"'"on or the transit fnrllltles irii,,..i V """' """ "" anu all con- year after he , ' "J'1";"-'" 'V the companv for the "u - v ', l,,lm'",.1"-''r'- "hleh the com .. ..' , ..r . 'is specified n Ariinin v i ,.. ..' .':,'. ' ,'',M "! t nnv time be infiilK- ,n,.i,...i "' , therefor, or ror ,1Vh.,V. '., "' ' """"'" ! '" ""rllmte t,i , ..,. ,i '. V" '" 1-1 T "S 1 l,i. . - " nc iiiiinn iivui f ,n... . ,r,M!""' "r the clt.v 's transit facilities shall have been d.llvcrcd to the companv. In the exercise or this privilege the compan shall protect nnd savo tho cltv harmless from claims, court n,.iinn nn.i i, I (.OSlR HTlll nVllntiana ...nl.l . ., . ..... tho r 11 ,-"""" '"tiufm uiereio arising rrom Injuries or damag.. to persons or prop- 111 "iciuning tne public, the contractors lira f.llt ma . .. ments or renewals of a transit facilltv ,.,! - ! )e c'nl"0es engaged In constructing uurtng construction or after It i,.,ii ,,""" ,Mi,,l,nB ",e "tvs tnnslt facilities been used In operation which. In ,i, ,a ,,. .. ' ' ". " p compan xliall lepalr nny of the or t he board, shall have been necessitated hv ! 4nu.iv construction or les -n If nny Increase or profit (other tha ...,s.c ,. luuui resulting rrom opera from whatever source derived, inelu.li.. terest on deposits of ,t ,,;: 1 l.u . "reu r ",i, i.e charge shall accrue In nny manner out of or In con. PAYMENTS OF FINED ClIAUUES .l.'.V,'!.JL '"Pnynenta of every Mn.l or "" '" l"" 11,1 IU O or llxe.l li.irn. ... . '"""I 01 iixei ciarges ll'uJ hS ",c ''"'"luiiy. at the .late ,, p, n whirl this contract shall become rflect ive. ..-, , n "l " rc-nniiiiiB ot sin li molt age lease, dictating ngieement or other rorm of contract as shown b.v the audit to be made ns of the date uin i,ii. ..... , ,. , ...nil till ll three-cent exchange tickets shall be sub milled to tho commission by Initiative of the board nnd shall bo subject to the order of tho commission made In connection with a determination of the faro requirements under this contract t'ntll the abolition or modification of the said exchange tickets y the commission ns herein piovlded or their abolition bv the (Oinnanv. the com. pnn.v's dividends to Its stockholders, paid t ."i" ine gross revenue, shall not exceed tlvo percentiim (5) per annum The op erating sutplus In excess of the said five percentum (5"lf dividend to tho company, that may bo accumulated from the date upon which this emttnet shall become ef rectlvo until the abolition or modification or the said exchange tickets, shall bo held and used to make up rrom timo to llmo nny ueflclts In icspect to the pa ments to be made from the Kr, revenue specified In Article . An ndvances made out or the svld opeiating surplus to make up tho said delleits shall bo restored by pay. ments as specllled, to tho extent approved I'.v Ihe board out or the subsequent gross revenue or the unified system At the termination of this contrnct on luiy 1. 19..7 or thetenfter. any nmounl In tills operating surplus fund shall be divided equally between tho city and the company nEPItlX'IATtON RESERVE IVNDS From the ilnlo upon which this contract Htnl become effective three separate de preclatlon reserve funds shall be set aside by the coirpam out of the gross revenue nnd paid to the hoard quaiterly In amounts and according to n classification to be de termlned from tlm,, to time bv the board. as follows Fund A Pepn-clitlim reserve fund for thoclty's transit rtcilltles Fund II Depieclation revrve ritnd ror tho transit r.icllltles to be furnished by the tompany for the cltv. Fund C Depreciation reserve fund for tho company's svstem Tho board mav it.issify transit facilities ror the ilepieciaiion or which anv fund Is created and apportion the amounts In the several funds according to such classifica tion That portion of Fund A which shall be set aside for permain nt stiuctures of tho city's transit facilities as per the clas sification detvi mined bv the boatd shall be stnrled ten vear after the .late upon which ibis contract slull become effective, and at 110 timo Shall the nnmi.tl nunrnnrhMnti . tho said portion or this fund eced one hair (ij) of one per (cntiim of the cost of the said perniineut stun Hires Anv saltngt 01 pro.e.ls fiom transit f.ullltles ictlted from set v tie shall bo paid Into the appropilate rund v., ,.,., suu. uicicase or prom snail lie ap plied to reduce the cost or the said tr.lnslt faclllty RECORDS nt.' f'fiST The city shall provide vouchers to cover . all Items of the cost of the cltv's transit facilities, and these vouchers shall be acces fclblo for inspection and audit by teprescn tatives of the company and of the boatd, nna snail tie matters of public record e. contrnct slut. t.. ..,. -. ."' transit facilities which ,.,v. i, ,in,J l. aW' '" ci.eci.ve. as ptovlde.: e"l)) 1 iBcil by tho installation or trial of the Item I Interest in,! mm In,, r , , . tiansit facilities to be furnished by the ments on new sccurlUei , Ziu " ,n'; Uoni f,nlPany fr th" " or ''J' Preparation sinking r.indpavme i ? "new ! n,t ,' mL tlo ) therefor : and the costs and expenses In-, of the Company". Issued s L iXd v ig In- cm red hereunder shall be charged to the tide 1.1 ' provided In Ar- Item r, rajments Into the depreciation rundrff ',",', ?"", ,1,P r'"'""'cy rcse " rund of the unified svtem. tuiiiis, ; cost ot transit facilities to be furnished nectlon will, nnv ,rn... -," .u..' ... J" " I ' "'" company ror tlio city ' -'.. t-iv-llll,? , uif illlHJUIIl PI TV Tn Tr.lM' IPiM'tsu - - : it-.n r. . . . After the companv shall have taken oos- r. . " ..'"'.. r" I''J ""flits due to the cltv li, a !.,-. t ... 1 nn-inn 111 11 I session of the cit.v's tiiti-ll facilities the I ,,,, ; y j, " ,T "r ""I nnd Md.. .. .....i ,. , 1 ""...ij line, or the co mn.iiiv n 1 .., m,.. i.,...,...iij r.u.i. iiei.iio me i.iy 10 nave ncccsH . fir i..... , . ,,,, . ",, ," "' to the same at all icasonable times foi thel ,,o n '. n ne L . u, , 't?W U' chirters. purpose of commoting anv of the cltv'.s ...!. n ' "''V" ,,H ' !"?" he city undei Sec I transit fielim .,,i f,. ,i, ....... '..r """ . "' "' """ ''" contract; (c) Ibe ......-.. -v.iivil - iki l'l tin- iriin'WU "I t nurtio'-o making iilteratlons, additions, extensions, replacements or renewals. The company shall also permit the representatives of the The company shall provide vouchers to! department to have access to any of the f-dlltl 's as shall be necessary to provide rell&ble servl-a The trnl, ,.iiiii. a ,-1-.- t... H Um . ---" latuuiea 10 oe xurnisiieu uy i J" Mmpany shall be of the best character r. ti - the art f electric railway opera- E ,. na a" facilities provided from time j,'thr.f1 and rePars thereto, substitutions IS .ik.-I an1 replacements and renewals BV.iV, .' 8nau be f such character as to ! thnS ln, ,tl16 faculties at least equal to B i-tton. 1 Rl,y provlded Bnd "ha". In ad- K Ul ?. i,,',1" aft may have developed ; and B ... 5iUt es t0 he furnished by the com- 'Umii. l De ,n accordance with the sped tlons of the board. "AYMENT fVK rTr.Ti.n'n n..np 2 . T"" City Shall nilV fn- nil Romans .,lr., & r cons.ni ,,. .' -"'""- "' I-. Mrtt. 1 , '"" lo leal 1'ioperty or any P v.?"'a 'n land taken. Inti.re.l or ,1es,roved yrt. con8.tructlon'or operation of the city's to tt,. a,ld 8Uch PaymentB shall be charged rovin.i:OBi. of tha city's transit facilities . -ttirmi ' novvover. that the board shall tti .i". t0 wnat extent property dam city', .."B from the operation of the to?: ra sha" be charged to the operat. 1 To ? h" f tlle unlned "ystem. W DubM- v.cn. un win Desi serve 111 W ttents' unt" 0,ner routine arrange- K. Iem.1 . "raerea uy the board, or otner rh D?h u for tne -''rankford line and the E U u,ert ' "ne ,n wnoIe or ln Part sha" J kits. 1 " a connection Detween, ana ter I Birby line " I t0r' the Frank,ord and 1 iii t ProPrtlon of the maximum train or & 2,,rp.aclt' which may be assigned at any i.t, .. t,mo to each roule usln the termlned by the board. I rouinr atock provided by the com jTO.'hei.MarJcet, street line -hall be r vvsivv,9n 01 im rTanKxora u 10XMZ?T?iT8?$&'; io2Kifiai'& ".. . j . ,1 iraiia cover all Items of the cost of the transit facilities to be furnished ly the company for the city The original vouchers and can vasses of bids for raid transit facilities shall be accessible for the Inspection and audit of tho boatd and of the City Controller, and shall be mattets of public record, PAYMENTS OF INTEREST The city shall furnish and expend from timo to timo the funds requited to meet the cost of the city's transit facilities and the total amount of such funds expended before any given date ns certified by the board shall bo considered the tost of the cltv's transit facilities ns of that date. The company shall pay to the city from the gross revenue as specified under At title XXII, paragraph 1, Item 7, the Interest and slnkln? fund charges cumulative as and when earned under the terms of this contract, on such bonds ns may be issued by the city for the cost of the city's transit facilities, ns certified by the board, before paying any dividend or dividends to Its stockholders from tho gross revenue, ns specified under Article XXII. paragraph 1. Hem 8; provided, however, that Interest and sinking fund payments on the bonds Issued by tho city to pay for the cost of the city's transit facilities constituting each Individual operating section of the cltys svstem re spectively, shall not be chargenble against or paid out of the gloss revenue imtll after the expiration or one ear 110m me nine or the beginning or the operation by the company of such section CAPITAL, REQUIREMENTS Tho company undertakes to obtain from time to time sufficient new capital to meet Its requirements for additions, betterments and extensions: to Us own system, for re funding and other capital expenditures, and for the transit facilities to be furnished by the company for the city. The method of procuring the said capital shall be approved by Counolls as provided In Section 3 of the 1907 contract. For the putposo of amortizing the new capital furnished by the company during tho term of this contract, there shall be set aside as a sinking fund for tho amor tization of each Issuo of new capital, out ot the gross revenue of each year, an amount equal to one percentum (1) or the par value of the securities and capital stock of the company Issued and outstand ing for such new capital as tho same shall havo been approved by Councils under Section 2 of the 1907 contract; provided, however, that tho sinking fund on each ssuo of new securities and new capital stock shall not begin until .five years after the date of Issuo thereof. SINKING FUND PAYMENTS c.i.,1,1.,,. fund oav ments on account of shares of new capital stock of the com pany Issued ln addition to the thirty mil lion dollars ($30,000,000) now authorized and outstanding, shall be made to he Sinking Fund Commission. Sinking fund payments on account of bonds, note- or oYhor securities shall be made to the trustee for the issuance of such bonds, notes o.r securities. The said trustee shall from time to tfme Invest the amount of the said sinking fund payments In the said securl- ies Provided they can be purchased I at a cost not to exceed one hundred and five mrcentum (105) of the par value thereof with accrued Interest. In case such se curities cannot be so purchased, the trustee may Invest nnd reinvest the sinking fund such securities as may be proper legal nvestments for trustees under the laws of FeTnsylvanla; nnd all Interest and profits accruing from tho estment of he said fund shall be Invested In ke se curltles for the benefit of the said fund The Sinking Fund Commission shall, subject to the provisions of Section 9 of ?he 1907 contract, Invest and reinvest the said sinking fund payments. ' The interest and sinking fund Payments nn bonds, notes or other securities, and the dividends and sinking fund payments Mlttenaf capital stock ol . Mk .company, ir and as Issued to meet new capital re qul?emems of the company and approved i2y .TlalleTrea'ted as add. .on.' nxed chargeV'of n?cVm7any and shall be paid out of gross revenue, city's tinnsit facilities at all reasonable times and shall furnish the necessary con veniences for the Inspection thereof by the said repiesentatlves The company shall also nt all times per mit representatlvis of the boatd to have ! access to all parts of theunlfled svatem 1 for the purpose of Inspecting the transit I facilities thereof and the service thctcupoii and shall also furnish free or chargo such conveniences and ttansportntlon ns may be lequlrcd ror such Inspection. DISPOSITION OF COMPANY'S FUNDS Immediately after the organlrnt'on of the boitd the companv shall turn over to the board, for Its ciistodv and administration under this conttact. the caMi and securi ties which It shall on the date upon which this contract shall become effective, have accumulated In Its lesenu fund foi teticu als, together with cash or Its equivalent equal In amount to any excess of tho com pany's renew'Tl rcservo over Its reserve1 fund for renewals. Thereafter the said cash and securities slnll be a part of the deprecia te pay the company's current liability jn The company shall ictalu all Its current assets and assume and pay all Its current liabilities ns of tho date upon which this contract shall become effective and the cut- rent assets of the company uhlih It mav CUSTODY AND CONTROI. The funds thus set nsldo shall be In (barge of and under the control and dhec tlon of the boatd nnd slnll be held for and applied to lepilrs to nnd tcpl-ircim-iit and lenewals of portions ..r the unllle.l svstem. the iost of upalrs to which or n placements ' "-ins or which slull not hive been hnrgtil to maintenance and Included In the operating cxpen.es of the unified sjstem whenevei 11 transit faclllty or pilnclpal patt theteof, slull be tetire.l from sctvlce an amount equal to Its cost shall be with drawn from the nppiopilate fund upon the tequisltlon of tlie louipanv, nppioved bv the board, and shall be expend. .1 If, as" and when neeile.l on n new transit facility or pilnclpal part thereof foi the leplaccmenl 01 tenewal of which such fund shall lnve been set aside An amounts in such funds not curtentlv miiliil for the purposes lieteln spciille.l shall be s.curely llivest.d and relnv.sti.l bv the bonnl In the bonds, notes 01 otbet securities or the comp mv piovlded they tan be purchased, nt a cost nut to xiceil the lur value thereof with a.ciiic.l Intel est, 01 In such securities as slull be legal Invest ments for trustets under the laws of I'enti xvhanla. and all Intetest and profits acciu- DIVIDEVD PAYMENTS , lnE theieon shall be Invested f.u the benefit Items Dividend puments to the sunk. ' "f sllch fuml Tlm ''oatd shall have the holders of the c untnni ..,. ti, .1,1... 1. , ' "' to sell such InvritmenlH to meet cm- lion dollais ($30.00.nnii r ,..,nii..i s.i, f . " '' "Mlls "" for the puipoes of iclnvest- the companj, now authorized nnd Issued, such dividend pavments to be subject to the pinvlslons that during and for the period sinning rund pavitieuts piovlded In Xeeii,,,, 3 of the 1907 contrnct Hem 7 Payments into tho city rrensurv equal In amount to the Intetest and sinking fund charges on the cltv s bonds issued foi mi- 1-n.v s transit racllltles as provided Aitlcle XII hereof In celve Interest and sinking fund payments for the snld quarterly period. (c) The cost of the city's transit facil ities upon which the city Is entitled. to re reive Interest and sinking fund payments for tho said quarterly period, as per the statements of the City Controller and the director, furnished bv them lb the board AUDITINO OF ACCOUNTS A complete audit of the accounts of the company. In form prescribed by the director, shall he made by public accountants nt the expense of the city as of the date upon which this contrnct shall become effective, nnd thereofter the accounts of the company shall bo audited annually In form as pre scribed by the board by public accountants mutually agreed upon by the City Con troller and the president of the companv nnd the nudll In detnll shall bo published and submitted to Councils nnd to the com pany For thai purpose the city shall have aciess to the books, records nnd memo randa of the company and may require the examination, under oath, of nny of Its officers or employes, tho cost of such annual audits and examinations shall be paid by the company as part of the expenses of the unified s.vstem If exception be taken, either by the pub lic accountants or tho City Controller, to the pioprlety or nny charges nppcarlng In the accounts , t the company, or by either the public accountants or tha companv to the propriety of any chatges appearing In the accounts of the clt.v, ns to the iost of the city's trnnslt facilities, the board shall pass upon and finally deter mine for nil the purposes of this 'contract the propriety of the 1 barges ti which ex leptlnii shall have been tnken WAIVER OF DIVIDENDS The company hereby waives the cumula tive provision under Section C of the 1907 contract ns to Its dlv'l.leiids fo- the period fiom January I 1107. until the date upon which this contract shall become effective, except thai In Hon thereor tho company re serves the right to distribute to Its stock- Holders, nfter five jears from thc date upon which this contract shall become effective, the then remaining surplus of the company accumulated pievious to the date upon which this contract shall become effective, ns provided In Artlclo XVII The company shall keep reasonably In suied ngalnsr Urn nnd other usually Insurn- we accident or rnntlngetirv nil ptnperty or the c'tv s s.vstem liable to be damaged thereby, nnd the policies Tor such Insurant shall be kept separately rrom those for other ptopcrtv of the companv. The Insur nnio policies covering any of the cltv's transit facilities or nny parts thereof shall be mado pavablo to the city In case of damage to or destruction of anv or the city's transit faclllt'es by war. lint llnod eaitbquake or other eMrnoidl narv oicurtcnce nol otillnnrllv Insurable .and genet nil) comprehended under the term art or Cod or vis major, the same shall be tepiircd or replaced by tho city and .barged to the cost of tho cltv's transit faclllti.H RIUIIT OF ltECAI'TCUE RESERVED 111 addition to the right leservert bv th rlt) tinder Section It of the 1907 contract to purchase nil tho property, leaseholds and franchise of the company on n- nfter July 1, Iftr.T. the city shall have the light at anv timo between July 1, 1927. and July I. Iir.7. upon giving the company six months' notice of Us Intention so to do, to termi nate this contract, recapturo Its own prop, ert) and adiulro all the company's prop, ert). leaseholds nnd franchises by paying to the company at thc date named In tho said nollco an amount equal to the amount which has been paid In upon all of Its cap Hal stock outstanding nt the time of tho purchnse nnd recapture, together with (a) nnv dividends on new r.mitni -ini, .' paid nil amount equal to any unpaid por tion of dividends In each )ear at the rate ',',, .nn.",".',!!!n,!lUe hundred thousand dol- Izi ter ameunt ahatl h jsidi . comoensatlon to (he company fo minatlnn nt h, .'' .,..! . 1957 ln the eveitt of inch termliwtli capture nnd purchase, the city, shell ....,., ui Vay nu au- una accruing; cur i.Hoxmcs 01 mo company. Including ages and nxed cllarr-s. and will tx tilled to receive and make use of the. crating casn Dalnnccs, damage reserve 1 operating surplus fund nnd reroa I for tho payment of fixed charges tn I iiHiius 01 me company or whtcn shall 1 accumulated In the sinking fund prov for Under the 1907 contract. All r1,nn linn reservo funds nnd the contingency ' serve nmu in ine possession or the be shall pass to the city upon any such initiation, recapture and purchase, ,. ' SURRENDER OF CITY'S FAC1L.ITI! At the termination of this lease the.ee pany shall surrender to the city all of 1 city's transit facilities In good condition as repair, except for natural deterioration . ordinary wear nnd tear, 'f The company shall assume nnd save the) 5 city harmless from nny and nil claims"! court actions, nnd expenses nnd costs rident thereto, arising from Injuries top sons or property caused or alleged to haVeUJ tieen caused by any net of negligence of tho ' company In maintaining and operating tho: curs s)stem or in furnishing trnnslt faclll-' ties for use by the city. All pavments made. by the company hereunder shall be charged J to expenses. t- ... ... 'J riiuiioiu.,i i.n i,ii ur ukkaui-t U In case of the default ot the compahjrjj f 1. l,llf )!! . in nh.ar- lni nna futflll una 1 " .....,,., ...,. .., tui.iii tt.ir i j of thc conditions, obligations and require, J,a ments of this iense, the city, upon reason- able notice to the company of its lntentloaf"S so to do, may, nt the expiration of the sald-s ?! mi.tnA r. .tl.t.i ...... ... ... ....... .. . . tl ,iu,, v .1. ,,,in, pmi, lu.tl.u! ....in h ,iwix(,i be allowed by tho city or by the court: 'vvf First. Enter upon and, as agent of the, V ' Contlnned en r TlilrtNeiA' t.y. tt ment. COXTINCSENCY RESKRVE FUND lleginnlng at tho expiration of ten vJais ..., ,-... ,.j ,,er jear from the date upon which this contract shall become ef- after thc date upon which the innttnct shall become itTectlve. thero shall bo deduct, d qiiatteilv fiom the gloss revenue a sum i.i 1 1 bo set asi.lo as a contlngcnc) Issued, and that after tlm abolition or modi llcatlon of the three-cent ex.li.uiKo ticket, ai- provided under rllcle .Will, the di. dend irte under this Item shall not ec. ed i per cent per milium, cumulative from nn.l aftei the (late upon which this contract shall I become effective. Item 9. I'a) ments lo the Sinking Fund Commission, equal in amount to 4 per cent upon such portion of tho city s bonds Is sued for the city's transit facilities, as pro vided In Article XII, us shall have been letlred b) the sinking funds for the same, thus terminating the pa) ments on the same under Item 7 hereof Item 10 After the order of the rommls- v i simi In teganl to three-cent exchange have acquired prior thereto shall he used 1 l h" s s'u "nve neen mane tne amount to pay the companv's curretn liabilities in- '" ",,1- i""'-" "" " n- " eluding fixed ehaigcs incurred or acciued ' time by the boatd. but the amount nii-umu pilor to tho sn'd date, and the balance shall I lttll'' "' ll'c said opeiating sutplus fund at be available for the company's purposes ( "v "o after the said order -of the coin on., ,.. h ,ils,rii,..,,l tn tbe comn.inv'.s mlslon shall not exceed $2,(100,000 when the present three-cent exchange tickets leninln In use ns provided under Artlile a.xiii tn dividend payments under this item snail not exceed S per cent per annum ,,,,,,, .... ,.. .... ..,...., ., ..... , .... ........ . ... i in. n i. .,,., -in. ...imu.i sunn i.s iiiiiiiiincil 1111(1 ' ... r,i ,.i, .if f " ." ....... ... ..... I per cut of the gloss u-Veiiue for smh quaitci 'I'liH fund shall be In ihaige of and under the contiol and duiction of tlu boatd, and shall b se. 'inly Invested and I " " I i , COMM6IxClflLAftM .STdTIONe&YW5J Mann's Shen-King" Manifold Paper For the Cnrbon Copy of Your Business Letter Made by us especially for this purpose. Adopted by 60tf of-railroads of thc United State for waybilling. Yellow in Color Light In Weight Tough in Texture Try 500 Sheets, cut to Size 8"-xll Inches 40c Pione .VcirA-t ( WILLIAM MAM COMPANY Ulank Book 1.301 lritf Matlonfry ITlnt'nc nnd Mthotrnnlilni; 529 Market St. I5 V&.1 fVitJ I'rHO nnnviSlONS FOR FAILtJnE i; tM82KX'& ArTl'c'le operation of any part of ti he clty K d..f,rt. anVfacllllieV-th'' ?.rt."" ilv;u.Vebmpanyotlce of eucr. aU(. , ;'-. ,. - j. -C , stockholders nfter five jears from tho date upon which this contract shall become er fectlve In lieu of the d'vldends waived un der Article XXVI I. OPERATION OF BOTH SYSTEMS From the date -upon which this contract shall become effective and until tha Initial operation of tho first individual iperatlng section of tho city's sjstem. tho company shall operate Its own properties as here tofore under nnd subject to tho terms nnd conditions of the 1307 contract, and sub ject to the terms and conditions of this contract. Ah .soon as the first Individual operating section of the city's s)stem shall havo been completed and the company shall havo In stalled tho transit facilities which it Is re quired to furnish for imo thereupon or In connection therewith under Article V of this contract, and from time to time as other Individual operating sections g. the city' system shall have been completed antj the company shall have furnished tho transit facilities which It Is required to furnish for uso thereupon or In connection there with, tho company shall assume operation thereof and shall combine nnd consolidate the rperatlon thereof with the operation of the company's system In order to give the public one unified s)Siem oi transpor tation. .... Subject to such limitations and rights of revocation as the board may Impose, the company shall have the right to place adver tisements of unobjectionable frrm and nature in cars and stations of the city's system, and to establish news stands and other vending privileges at such stations, but tho company shall submit to tho ap proval of the J oard the contracts for leaBlng such privileges. Subject to such restrictions na the city may Impose, the company may use the unified sstem for tho carriage of freight, mall, express and other unobjectionable transportation matter; provjded. hmvever, that such use shall not Interfere with the use of the s) stem to Its fullest capacity for all passengers who shall desire to be car rled thereupon. Within the limits afore said the city may require the company to carry freight, mall, express and other un objectionable matter. PAYMENTS OF RENTAL Aa rental for the use of the city's transit facilities the company shall make payments to the city as specified In article 22. para- graph 1. Hems 7. 9 and 11. as and If earned by the unified system. Payments shall be made quarterly on or before the 13th day niaoo 'iu' w . , . -. October Covering the operation for the hreeMonhs periods endlng--Jecen"' . ;","" -30 and September 30, respectively, and cny readjustment of payments that may be necessary shall be made w th the settle rnentfor the next succedlng quarterly PeThe' four quarterly, payments covering nnv year thus made 'to the city will be "the annual current net revenue" to the city un It-1 Investment !n transit facilities within the meanlnr th- amenument to section S, arttcie u- " -.-..-...- v. Item 11 The remainder of tho gioss tevenue shall )0 divided and paid CO per cent to tho company and 50 pet cent to the Sinking Fund Commission. Tho foregoing payments will be cumula tive In the order named, nnd In case In nny )ear tho gross revenuo shall not bo sufll clcnt to make the said payments and nny balances unpaid for former years), the de ficiency In the said payments shall ho made good from tho gross tevenue of succeeding years for each Item before any payment Is imado therefrom for any Item subsequently specified In paragraph 1 hereof. RATES OF FARE Tho oompanj's sjstem and tho city's sys tem shall be operated as a unified system, starting as the company's sjstem with the cash fares nnd free transfers now In effect, and ns to the city's sjstem with a five cent fare and free transfers for all pas sengers transferilng In a forward direc tion, ns follows Between all lines of the cltj'"s sjstem; between all lines of the cltj''s system and the Market street lino where communicating stations exist nt points of Intersection ; between all lines of tho city's s)stem and the piescnt surface sjstem or extensions thereof wherever the lines of the present Hurrace s.vstem or extensions thereof interesect the lines tf tho city's s)stem, at station points outside of tho delivery dis trict, within Philadelphia, Whenever the gross revenue for any two consecutive three months periods, as shown by the statements of gross revenue and deductions from gross revenue, as certi fied by the board. Is not sufficient to pay the first seven Items as set forth In tho fcTegoIng and the sum of six hundred thousand dollars ($600,000). being nt the rate of four per centum per cent) per annum on the thirty million dollars ($30. 000,000) of capital stock of the company now authorized (the fairness of n four percentum (4 per cent) dividend being con ceded bv the cltv under this agreement). the city hereby agrees to join with the company in an earnest appeal to the com mission to order a Just and reasonable fare, which may bo by flat Increase or chargo for transfers, or both, on all or nny part of the unified sj-stem, which fare will produce at least sufficient gross revenuo to provide for the first eight Items. EXcflANQE TICKETS In order to assist Tn tho accumulation of an operating surplus fund to be available In case of a temporary shortage of gross revonue of the unified sjstem during the period of the development of the city's system,- tho company may, until the date" of the beginning of the operation of the first Individual operating section of the 'Broad street subway and delivery loop, and there after until the order of the conltnlssin, ns herein provided, continue to Issue three cent exchange tickets upon nnd between the lines of the company's system, upon and between which lines the said exchange tickets are now Issued. Immediately after the date of the beginning of the operation of the first Individual operating section ot the Broad street subway and the dellvety loop, the abolition or mooincnuon o. un k --...; . " . t mmjy$& . ixtcrda I,(IU0 Aim the pa.iincnls to tnuh fund shall be suspend,, I and Ititcict theteou shall bo p lid Into gloss tevenue. If there after the amount in this fund shall fall below $1.0011.000. pa ments at the l.iteafore said shall bo lestimid until the amount In tho fund shall again ex. eel JI.imiO 000 Such fund; upon tho tequisltlon of Hip companv. appiovcd bv the board slull be ue. to pav extimirdlnai v operating expenses and ex pense., due to other . ontlngeneles not piop , il chaigeable wlmllj against mi) one fiscal jear At the termination of this con ttact nil duly I. I"57. or llieieafter nnv amount in tills fund, nfter making pinper allowan. e for ncci tied accident and damag, s ..(count, slull be divided 50 per cent to 111.' city nnd fin per . ent to the company ACCOl'NTS AND Al'MOTS On or heroic the thirtieth day of Janu ary. April. July and October. ,f each year, the company shall deliver to tho City Con troller statements, certified by the board and In form nnd detail as prescribed by the board setting forth, for the three months' peilods ending December 31, March 31, Juno 30 and September 30, the following, (a) The gross levenuo and tho deduc tions from gross revenue for the said three months' period, ns specified In Articles XXI and XXII Theto shall not bo included In such statement any amounts for expenses or fixed ch.uges Incurred or accrued prior to tho date upon which this contract hall be come effective. b) Tho amount of new capital furnished by tho company as specified In Artlclo XIII, upon which the company Is entitled to re- 0mk Mw 70. Per Covrtxt. 3-16 Carat, $10.90 1.4 Carat, $16.25 1-3 Caret, $23.10 1.2 Carat, $35.00 The splendid brilliancy of these gems is all the more remarkable when you consid er the extreme lowness of the price. And these diamonds cer tainly do show brilliancy, and as for x'alue, let us take the usual price of $105 per carat for compari son. Mail orders filled. rEMS .ItpOli-HtlS AT WHOLESALE t&ri.'-yn r ritrm T:r--o Men of the New National Army Prepare Now to Become Non-Commissioned Officers Men of this city and vicinity selected for our New National Army can receive prelimi- ' narv military instruction by drilling with one of tne local Home Defense units. Competent instructors provided Drills held on grounds or in halls or armories well adapted, to the purpose Guns furnished No expense entailed in any way. By attending thftse drills regularly from now until you are called to your Training Camp, you will learn some rudiments of mili tary training such as squad drill, close forma tion and manual of arms that will give you a considerable lead on your comrades, not so t trained, in securing the rank of non-commissioned officer. Look up your nearest Home Defense unit and apply to its Commanding Officer. A partial list of these organizations is as follows: CHESTNUT HILL VOLUNTEER RESERVES, GERMANTOWN MINUTE MEN, GERMANTOWN CRICKET CLUB MILITARY ORGANIZATION, MERION HOME DEFENSE RESERVES, HAVERFORD RESERVES, OAK LANE RESERVES, LANSDOWNE RESERVES, RIVERTON RESERVES, JENKINTOWN MILITARY TRAININGORPS. i In addition to the above, drills will be held on grounds or in halls in the central part of the city, and in other sections not in the immediate vicinity of one of the Home Defense units. Any information can be obtained by ap- $ plying at the office of Military Training Camps Association Phone Sprue S2SI Room 117, Commercial Trust Building 15TH and MARKET STRJ3 V ','(ri,i ' .1 V. tt.V IkBPPHBBB1-"-"-"------"- T l-----Ha.WMMMMMMBHHMMMMM