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• 2.32.3. Service and, Rates - -, and Area. The service to be provided and the rates to be charged by Company for Gas= service in City are subject to the jurisdiction of the Commission. 2.12.4. Publication Expense._he Company shall pay the expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written noticcNotice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or 'ther party may take any other action permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the -year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 3.1. Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with normal operation of any City Utility System previously installed therein. Gas Facilities shallmay be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance ate, location and relocation of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with authority granted the Ci to mana•e its Public Wa s and Public rounds under stat• law to the extent not inconsistent with the termsa specific term of this franchise agreement __Company may abandon underground gas facilitiesGas Facilities in place, provided, at the City "s request, Company will remove abandoned metal pipeor concrete encased conduit interfering with a City improvement project, but only at its own expense to the extent such metal pipe abandoned Facilities are is uncovered by excavation as part of the City" s improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 333271v1 .1MS KG400 -3