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#12 - Franchise Fees
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#12 - Franchise Fees
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4 <br />DOCSOPEN\LA515\143\999832.v2-1/7/25 <br />given to Company a sufficient length of time in advance of the actual commencement of the work to <br />permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. <br /> <br /> 3.7 Mapping Information. The Company shall provide mapping information for any <br />of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 <br />and 7819.4100. <br /> <br />SECTION 4. RELOCATIONS. <br /> <br /> 4.1 Relocation of Gas Facilities in Public Ways. Company and City shall comply with <br />the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate <br />Gas Facilities located in Public Ways. <br /> <br /> 4.2 Relocation of Gas Facilities in Public Ground. City may require Company, at <br />Company’s expense, to relocate or remove its Gas Facilities from Public Ground upon a finding by <br />City that the Gas Facilities have become or will become a substantial impairment to the existing or <br />proposed public use of the Public Ground. <br /> <br /> 4.3 Projects with Federal Funding. City shall not order Company to remove or <br />relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of- <br />way project or any other project which is financially subsidized in whole or in part by the <br />Federal Government or any agency thereof, unless the reasonable non-betterment costs of such <br />relocation are first paid to Company. The City is obligated to pay Company only for those <br />portions of its relocation costs for which City has received federal funding specifically allocated <br />for relocation costs in the amount requested by the Company, which allocated funding the City <br />shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities <br />made necessary because of a federally-aided highway project shall be governed by the provisions <br />of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the <br />rights herein granted to Company are valuable rights. <br /> <br />SECTION 5. [INTENTIONALLY OMITTED] <br /> <br />SECTION 6. INDEMNIFICATION. <br /> <br /> 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and <br />harmless from any and all liability on account of injury to persons or damage to property occasioned <br />by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the <br />Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified <br />for losses or claims occasioned through its own negligence except for losses or claims arising out of <br />or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans <br />or work, nor for injury or damage resulting from the Company’s performance in a proper manner, of <br />acts reasonably deemed hazardous by Company and such performance is nevertheless ordered or <br />directed by City after at least three (3) days’ prior Notice of Company's determination is provided to <br />the City. <br /> <br /> 6.2 Defense of City. In the event a suit is brought against the City under circumstances <br />where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
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