08-13-1997 Council Agenda - Laserfiche WebLink

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Sec. 1.28. Damage to Other Equipment. When the City performs work in the Right -of -Way and finds it necessary to maintain, support, or move a Registrant's Equipment in order to protect it, the City shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days from the date of billing. Each Registrant shall be responsible for the cost of repairing any Equipment in the Right - of-Way which it or its Equipment damages. Each Registrant shall be responsible for the cost of repairing any damage to the Equipment of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Equipment. Sec. 1.29. Right -of -Way Vacation. Subd. 1. If the City vacates a Right -of -Way which contains the equipment of a Registrant, and if the vacation does not require the relocation of Registrant or Peimittee Equipment, the City shall reserve, to and for itself and all Registrants having Equipment in the vacated Right -of -Way, the right to install, maintain and operate any Equipment in the vacated Right -of -Way and to enter upon such Right -of -Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subd. 2. If the vacation requires the relocation of Registrant or Permittee Equipment and: (a) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant or Permittee; or (c) if the vacation proceedings are initiated by a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. Sec. 1.30. Indemnification and Liability. Subd. 1. By reason of the acceptance of a registration or the grant of a Right -of -Way Permit, the City does not assume any liability: (a) for injuries to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City; or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Equipment by Registrants or activities of Registrants. Subd. 2. By registering with the City, a Registrant agrees, or by accepting a Permit under this Chapter, a Permittee is required to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its Equipment, or out of any activity undertaken in or near a Right -of -Way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a Right -of -Way Permit. It further agrees that it will not page 123