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3.3 Street Openings. Company shall not open or disturb the surface of any Public GeundlWay or Public Way Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public GreuWay or Public WayGround without permission from the City whcrea permit if (i) an emergency exists requiring the immediate repair of Gas Facilities —In such event and (ii) Company City as soon as practicable. Not later than the second working day thereafter, Company shall egives telephone, email or similar notice to the City before commencement of the emer • enc repair. Within two business days after commencing the repair. Company shall apply for any required permits and pay any required fees. 143.4. Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way,Way, the Company shall restore the same, including paving and its foundation,Public Wa in accordance with Minnesota Rules _. art 7819.1100 and a i . licable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain any pavedthe surface in good condition for twe yearssix (6) months thereafter. —fie All work shall be completed as promptly as weather permits, and if Company shall not promptly perfoini and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the3.4. 3.5 Performance Security. The City hereby waives any requirement, in the normal course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required; under a separate existing or future ordinance of the City, of a person or entity obtaining the City "s permission to install, replace or maintain facilities in a Public Way., or the Public Ground. Notwithstandin ' the fore ' oin the Ci reserves the ri ' ht to re ' uire a performance bond for new installation, replacement, or repairs. when the Company's com i letion of its work is re s uired in order for the Ci to • roceed on a timel basis with a public improvement project. 3.6. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, b a telephone utili or by any cable television company or other form of communication com . an . In addition the Ci shall • a for an added cost incurred b Com a an because of such use by City. 333271v1 JMS KG400 -3 4 •