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is nevertheless ordered or directed by the City after receiving notice of the registrant's or <br />Permittee's determination. <br />Subd.3. Defense. If a suit is brought against the City under circumstances where the registrant or <br />Permittee is required to indemnify, the registrant or Permittee, at its sole cost and expense, <br />shall defend the City in the suit if written notice of the suit is properly given to the registrant <br />or Permittee within a period in which the registrant or Permittee is not prejudiced by the lack <br />or delay of notice. <br />If the registrant or Permittee is required to indemnify and defend, it shall thereafter have <br />control of the litigation, but the registrant or Permittee may not settle the litigation without <br />the consent of the City. Consent will not be unreasonably withheld. <br />This part is not as to third -parties, a waiver of any defense, immunity or damage limitation <br />otherwise available to the City. <br />In defending an action on behalf of the City, the registrant or Permittee is entitled to assert in <br />an action every defense, immunity or damage limitation that the City could assert in its own <br />behalf. <br />Sec. 1415.29. Abandoned and Unusable Equipment. <br />Subd.l. Discontinued Operations. A registrant who has determined to discontinue its operations in <br />the City must either: <br />A. Provide information satisfactory to the Administrator that the registrant's <br />obligations for its equipment in the right-of-way under this Section have been <br />lawfully assumed by another registrant; or <br />B. Submit to the Administrator a proposal and instruments for transferring <br />ownership of its equipment to the City. If a registrant proceeds under this <br />clause, the City may, at its option: <br />1. purchase the equipment; or <br />2. require the registrant, at its own expense, to remove it; or <br />3. require the registrant to post a bond in an amount sufficient to reimburse <br />the City for reasonably anticipated costs to be incurred in removing the <br />equipment. <br />Subd.2. Abandoned Equipment. Equipment of a registrant who fails to comply with Section <br />1415.30, Subd. A, and which, for two (2) years, remains unused shall be deemed to be <br />abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any <br />remedies or rights it has at law or in equity, including, but not limited to, (i) abating the <br />nuisance (ii) taking possession of the equipment and restoring it to a useable condition; or <br />(iii) requiring removal of the equipment by the registrant, or the registrant's successor in <br />interest. <br />Subd.3. Removal. Any registrant who has unusable and abandoned equipment in any right-of-way <br />shall remove it from that Right -of -Way during the next scheduled excavation, unless this <br />requirement is waived by the Administrator. <br />16 <br />