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• • • 6.2 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and. The Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise a • reement shall not be inter s reted to constitute a waiver i the Ci of any of its defenses of immuni or limitations on liabili under Minne ota Statutes Chapter 466. SECTION .7,-6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of case, however, shall City be liable to Company for failure to specifically preserve a right of way under Th Ci and the Com s an shall o 1 with Minneso a Rules 7:1'.3100 sub ' art 2 and 7819.3200 and applicable ordinances consistent with law. SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 160.29.216D.01 t se'. and Minnesota Rules Part 781'.3300 as the ma be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's, request and com i ly with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1. Form. During the term of the franchise hereby granted, and in addition to ermit fees bein • im s osed or that the Ci has a ri • ht to im . ose the i ma char • e the Com ' an a franchise fee. The fee ma Com s an for its operations within the Ci _ or ii a flat fee ' er customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based be i a rcenta•e of ross revenues re eived b the 333271v1 JMS KG400 -3