sub-contractor engaged upon its work of construction or
operation. The Tunnel Company to keep Thirty-first and Thirty-third
Streets opposite the station well paved with smooth pavement and in
thoroughly good condition.

_Seventh._--Tunnel excavations to be done without disturbing the surface
of the street, except in the portions of Thirty-first and Thirty-third
Streets, and Seventh, Eighth and Ninth Avenues in front of the terminal
station, and except in Queens Borough, with the power to the Rapid
Transit Board, wherever conditions elsewhere make surface excavation
necessary for efficient construction, to grant the right for such
excavation, subject to conditions to be then prescribed by the Board.
The tracks are to be constructed of the most approved plan so as to
avoid noise or tremor. All plans for, and the method of doing, the work
are made subject to the approval of the Rapid Transit Board.

_Eighth._--The motive power to be electricity, or such other power not
involving combustion as may be approved by the Board.

_Ninth._--The company to have no power to carry on merely local traffic,
except with the approval of the Board and for additional consideration
to be paid the city. Traffic is defined as local which begins and ends
in the city within five miles of the terminal station on Seventh and
Ninth Avenues.

_Tenth._--The railroad to be diligently and skillfully operated, with
due regard to the convenience of the traveling public.

_Eleventh._--The city to have a lien upon the franchise and real
property of the company to secure the payment of rental.

_Twelfth._--The rights of the city to be enforceable by action, for
specific performance, or mandamus, or otherwise.

_Thirteenth._--The company not to oppose the construction of any rapid
transit railroad along or across the same routes which do not actually
interfere with the authorized structures of the company.

_Fourteenth._--The city to have an ample right of inspection of the
railroad, and to enter upon it for examination, supervision, or care of
city property, or for other purposes.

_Fifteenth._--The company to be bound to maintain and strengthen all
parts of its railways under streets or avenues so that the same shall
support safely any structures superimposed or which may hereafter be
superimposed thereon by the city or under public authority.

_Sixteenth._--The company to have the right to convey or mortgage the
franchise, but every grantee,