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WARNING!
<br />PETROLEUM PRODUCTS PIPELINE!
<br />Excavation and /or Construction
<br />Requires a Minimum of Two (2) Business Days
<br />Advance Notice Prior to Construction
<br />Contact Phil Hermann at
<br />Williams Pipe Line Company
<br />2451 West County Road C
<br />St. Paul, Minnesota 55113
<br />(612) 633-9339
<br />City shall also call the Gopher One Call System at (800) 252 -1166 prior
<br />to the start of any work related to the Encroachments.
<br />(c) During City's construction, City shall provide protection to
<br />Williams' Pipeline and related facilities and no heavy equipment shall be
<br />allowed to operate over Williams' pipeline except as herein provided..
<br />3. City shall use its best efforts to protect Williams' pipeline shall indemnify, save,
<br />hold harmless, and at Williams' option, defend Williams its affiliated companies and
<br />their respective directors, officers, employees, and agents from any and all claims,
<br />demands, costs, (including without limitation, reasonable attorney's and expert witness'
<br />fees and court costs), expenses, losses, causes of action (whether at law on in equity),
<br />fines, judgments, civil penalties and administrative proceedings for injury or death to
<br />persons or damage or loss to property, environmental damages or other business losses,
<br />including those made or incurred by Williams or its affiliated companies and their
<br />directors, officers, employees, agents, or third parties or governmental agencies in any
<br />way arising from or connected with the construction, existence, operation, maintenance
<br />or removal of the Encroachments. The presence of Williams' representative or any
<br />instructions given by such representative shall not relieve City of any liability under this
<br />agreement. Prior to any construction activities in the vicinity of Williams' pipeline, City
<br />shall remit a check in the amount of $3,500.00, payable to Williams Pipe Line Company,
<br />which shall be for the purpose of defraying the costs of Williams' on -site representative
<br />during construction activities. After completion of the above - described Encroachments,
<br />Williams shall submit an invoice to City delineating all relevant costs. Should the costs
<br />to Williams be less than $3,500.00, the remainder shall be returned to the City. Should
<br />costs exceed the $3,500.00 submitted, City agrees to reimburse Williams for all
<br />reasonable costs in excess of this amount within 60 days from receipt of Williams'
<br />invoice.
<br />4. In the event that the construction, existence, operation, maintenance, erosion, to
<br />incur any cost for installation, operation, maintenance, protection, repair or inspection of
<br />Williams' facilities, or the clean up or handling of any spills of commodities being
<br />transported by Williams, City, its successors or assigns, agrees to reimburse Williams for
<br />any and all such costs that would not have occurred but for the existence of the
<br />Encroachments. It is strictly understood and agreed that City shall hold Williams
<br />harmless from and against any and all claims for damages arising from Williams
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<br />Page 3 of 6 Tracts 8599 & 8600
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