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Representatives of the parties must promptly meet and attempt in good faith to <br />negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) <br />days after service of the notice, the parties may jointly select a mediator to facilitate <br />further discussion. The parties will equally share the fees and expenses of the <br />mediator. If a mediator is not used or if the parties are unable to resolve the dispute <br />within thirty (30) days after first meeting with the mediator, either party may <br />commence an action in District Court to interpret and enforce this franchise or for <br />such other relief as may be permitted by law or equity. <br />SECTION 3. CONDITIONS OF USE. <br />3.1 Location of Facilities. Gas facilities shall be located, constructed, and maintained so <br />as not to interfere with the safety and convenience of ordinary travel along and over <br />Public Ways and so as not to disrupt normal operation of any City Utility System. <br />Gas Facilities shall be located on Public Grounds as determined by the City. <br />Company's construction, reconstruction, operation, repair, maintenance, location <br />and relocation of Gas Facilities shall be subject to other reasonable regulations of <br />the City consistent with authority granted the City to manage its Public Ways and <br />Public Grounds under state law, to the extent not inconsistent with a specific term of <br />this franchise. <br />3.2 Mapping Information. The Company must promptly provide complete and accurate <br />mapping information for any of its Gas Facilities in accordance with Minnesota <br />Rules Parts 7819.4000 and 7819.4100. <br />3.3 Permit Required. The Company may not open or disturb the surface of any Public <br />Way or Public Ground without first having obtained a permit from the City, for <br />which the City may impose a reasonable fee. The permit conditions imposed on the <br />Company may not be more burdensome than those imposed on other utilities for <br />similar facilities or work. The Company may, however, open and disturb the surface <br />of any Public Way or Public Ground without a permit if (i) where an emergency <br />exists requiring the immediate repair of Gas Facilities and (ii) the Company gives <br />notice of the city before, if possible, commencement of the emergency repair. On the <br />next business days after commencing the repair, the Company must apply for any <br />required permits and pay the required fees. <br />3.4 Restoration. After undertaking any work requiring the opening of any Public Way, <br />the Company shall restore the Public Way in Accordance with Minnesota Rules part <br />7819.1100 and applicable City ordinances consistent with law. Company shall <br />restore the Public Ground to as good a condition as formerly existed, and shall <br />maintain the surface in good condition for six months thereafter. All work shall be <br />completed as promptly as weather permits, and if Company shall not promptly <br />perform and complete the work, remove all dirt, rubbish, equipment and material, <br />and put the Public Ground in the said condition, the City shall have, after demand to <br />Company to cure and the passage of a reasonable period of time following the <br />demand, but not to exceed five days, the right to make the restoration of Public <br />Ground at the expense of Company. Company shall pay to the City the cost of such <br />work done for or performed by the City. This remedy shall be in addition to any <br />other remedy available to the City for noncompliance with this section 3.4. <br />