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substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall com s 1 with ci s olice s owers and a s s licable ordinances consistent with law. 1.3 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes; Section 161.46, as supplemented or amended. It is understood that the right herein granted to redevelopment plan which is financially subsidized in whole or in part by the Federal i obli ated to s a Com s an onl f i r those • ortions o its r1 Section 161.46. The City cation co is f i r which i has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of -way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation reauired b the City under separate ordinance, Company may trim all trees and shrubs in the Public GresWays and Public WaysGrounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall savehold the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 6.1. Indemnity of City. Company shall indemnifyeep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public GreundsWays and Public Ways- Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts • •