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4 <br /> <br /> <br /> 3.4. Avoid Damage to Gas Facilities . The Company must take reasonable measures to <br />prevent the Gas Facilities from causing damage to persons or property. The Company must take <br />reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas <br />Facilities by persons, property, or the elements. Per Minnesota Statute 216D.05, the City must take <br />protective measures when it performs work near the Gas Facilities. <br /> <br /> 3.5. Notice of Improvements to Streets . The City will give Company reasonable <br />written Notice of plans for improvements to Public Ways and Public Grounds where the City has <br />reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will <br />contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds <br />upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time <br />when the City will start the work, and (v) if more than one Public Way or Public Grounds is <br />involved, the order in which the work is to proceed. The Notice will be given to Company a <br />sufficient length of time, considering seasonal working conditions, in advance of the actual <br />commencement of the work to permit Company to make any additions, alterations or repairs to its <br />Gas Facilities the Company deems necessary. <br /> <br /> 3.6 Mapping Information . If requested by City, the Company must promptly provide <br />complete and accurate mapping information for any of its Gas Facilities in accordance with the <br />requirements of Minnesota Rules 7819.4000 and 7819.4100. <br /> <br /> 3.7. Emergency Response. As emergency first-responders, when a public safety <br />concern exists both the City and Company shall respond to gas emergencies within the City without <br />additional direct fee or expense to either City or Company. <br /> <br />SECTION 4. RELOCATIONS <br /> <br /> 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall <br />comply with the provisions of Minnesota Rules 7819.3100 , with respect to requests for the <br />Company to relocate Gas Facilities located in either Public Ways or Public Grounds. <br /> <br /> 4.2. Projects with Federal Funding . Relocation, removal, or rearrangement of any <br />Company Gas Facilities made necessary because of the extension into or through City of a federally <br />aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45 <br />and 161.46. <br /> <br />SECTION 5. INDEMNIFICATION <br /> <br /> 5.1. Indemnity of City . Company shall indemnify and hold the City harmless from any <br />and all liability, on account of injury to persons or damage to property occasioned by the <br />construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas <br />Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for <br />losses or claims occasioned through its own negligence or otherwise wrongful act or omission <br />except for losses or claims arising out of or alleging the City's negligence as to the issuance of <br />permits for, or inspection of, Company's plans or work.