Ordinance 517 - Laserfiche WebLink

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. . . . . paYment to the City by imposing a surcharge equivalent to such fee in its rates for gas service. The time and manner of collecting the franchise fee is subject to the approval of the Public utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. SECTION 5. TREE TRIMMING The Company may trim all trees and shrubs of the City's Public Grounds interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall hold the City harmless from any liability arising therefrom, and subject to permit, or other reasonable regulation by the city. SECTION 6. INDEMNIFICATION 6.1 Hold Harmless. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of 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 City. 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, the 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 reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by city after notice of Company's determination. 6.2 Litiqation. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced in defense of the claim by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company shall 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. 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. 6