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Sec. 1.25. Pre - Excavation Equipment Location. <br />In addition to complying with the requirements of Minn. Stat. §§ 216D.01 -.09 ( "One Call <br />Excavation Notice System ") before the start date of any right -of -way excavation, each registrant <br />who has equipment in the area to be excavated shall mark the horizontal and approximate vertical <br />placement of all said equipment. Any registrant whose equipment is less that twenty (20) inches <br />below a concrete or asphalt surface shall notify and work closely with the excavation contractor <br />to establish the exact location of its equipment and the best procedure for excavation. <br />Sec. 1.26. Damage to Other Equipment. <br />When the Director does work in the right -of -way and finds it necessary to maintain, support, or <br />move a registrants equipment to protect it, the Director shall notify the local representative as <br />early as is reasonably possible. The costs associated therewith will be billed to that registrant <br />and must be paid within thirty (30) days from the date of billing. <br />Each registrant shall be responsible for the cost of repairing any equipment in the right -of -way <br />which it or its equipment damages. Each registrant shall be responsible for the cost of repairing <br />any damage to the equipment of another registrant caused during the City's response to an <br />emergency occasioned by that registrants equipment. <br />Sec. 1.27. Right -of -Way Vacation. <br />Subd. 1. Reservation of Right. If the City vacates a right -of -way which contains the equipment <br />of a registrant, and if the vacation does not require the relocation of registrant or permittee <br />equipment, the City shall reserve, to and for itself and all registrants having equipment in the <br />vacated right -of -way, the right to install, maintain and operate any equipment in the vacated <br />right -of -way and to enter upon such right -of -way at any time for the purpose of reconstructing, <br />inspecting, maintaining or repairing the same. <br />Subd. 2. Relocation of Equipment. If the vacation requires the relocation of registrant or <br />permittee equipment; and (a) if the vacation proceedings are initiated by the registrant or <br />permittee, the registrant or permittee must pay the relocation costs; or (b) if the vacation <br />proceedings are initiated by the city, the registrant or permittee must pay the relocation costs <br />unless otherwise agreed to by the city and the registrant or permittee; or (c) if the vacation <br />proceedings are initiated by a person or persons other than the registrant or permittee, such other <br />person or persons must pay the relocation costs. <br />Sec. 1.28. Indemnification and Liability. <br />Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or the grant of a <br />right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to <br />property, or loss of service claims by parties other than the registrant or the City, or (b) for claims <br />or penalties of any sort resulting from the installation, presence, maintenance, or operation of <br />equipment by registrants or activities of registrants. <br />Subd. 2. Indemnification. By registering with the Director, a registrant agrees, or by accepting <br />a permit under this Chapter, a permittee is required, to defend, indemnify, and hold the City <br />Page 87 <br />