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11-29-2023 Council Packet
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11-29-2023 Council Packet
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5 <br />necessary because of a federally-aided highway project shall be governed by the provisions of <br />Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights <br />herein granted to Company are valuable rights. <br /> <br /> 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in <br />reliance on a franchise from the City and shall not be construed to waive or modify any rights <br />obtained by Company for installations within a Company right-of-way acquired by easement or <br />prescriptive right before the applicable Public Ground or Public Way was established, or <br />Company's rights under state or county permit. <br /> <br />SECTION 5. TREE TRIMMING. <br /> <br /> Company is also granted the permission and authority to trim all shrubs and trees, including <br />roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with <br />the proper construction, operation, repair and maintenance of Gas Facilities, provided that <br />Company shall save City harmless from any liability in the premises. <br /> <br />SECTION 6. INDEMNIFICATION. <br /> <br /> 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and <br />harmless from any and all liability on account of injury to persons or damage to property <br />occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the <br />operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not <br />be indemnified for losses or claims occasioned through its own negligence except for losses or <br />claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection <br />of, Company's plans or work. The City shall not be indemnified if the injury or damage results <br />from the performance in a proper manner of acts reasonably deemed hazardous by Company, and <br />such performance is nevertheless ordered or directed by City after notice of Company's <br />determination. <br /> <br /> 6.2 Defense of City. In the event a suit is brought against the City under circumstances <br />where this agreement to indemnify applies, Company at its sole cost and expense shall defend the <br />City in such suit if written notice thereof is promptly given to Company within a period wherein <br />Company is not prejudiced by lack of such notice. If Company is required to indemnify and <br />defend, it will thereafter have control of such litigation, but Company may not settle such litigation <br />without the consent of the City, which consent shall not be unreasonably withheld. This section is <br />not, as to third parties, a waiver of any defense or immunity otherwise available to the City and <br />Company, in defending any action on behalf of the City shall be entitled to assert in any action <br />every defense or immunity that the City could assert in its own behalf. <br /> <br />SECTION 7. VACATION OF PUBLIC WAYS. <br /> <br /> The City shall give Company at least two weeks prior written notice of a proposed vacation <br />of a Public Way. Except where required for a City improvement project, the vacation of any Public <br />Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to <br />operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the
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