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<br />. <br /> <br />and equipment used in connection therewith, and to do all things <br />which are necessary or customary in the accomplishment of these <br />objectives, subject to zoning ordinances, other applicable <br />ordinances, permit procedures, and the provisions of this <br />franchise. <br /> <br />2.2 Effective Date: written AcceDtance. This <br />franchise shall be in force and effect from and after its passage <br />and publication as required by law (and the City Charter), and <br />its acceptance by the Company in writing filed with the Municipal <br />Clerk within 60 days after publication. <br /> <br />2.3 Nonexclusive Franchise. This is not an exclusive <br />franchise. <br /> <br />2.4 Publication Exoense. The expense of publication <br />of this ordinance shall be paid by the Company. <br /> <br />2.5 Default. If either party asserts that the other <br />party is in default in the performance of any obligation <br />hereunder, the complaining party shall notify the other party of <br />the default and the desired remedy. The notification shall be <br />written. If the dispute is not resolved within 30 days of the <br />written notice, either party may commence an action in District <br />Court to interpret and enforce this franchise or for such other <br />relief as may be permitted by law or equity for breach of the <br />contract, or either party may take any other action permitted by <br />law. <br /> <br />. <br /> <br />.If the Company is in default as to any part of this <br />franchise, the City may, after reasonable notice to the Company <br />and the failure of the Company to cure the default within 60 <br />days, take such action as may be reasonably necessary to abate <br />the condition caused by the default, and the Company agrees to <br />reimburse the municipality for all its reasonable costs and for <br />its costs of collection, including attorney fees. <br /> <br />Nothing in this section shall bar the Company from <br />challenging the City'S claim that a default has occurred. In the <br />event of disagreement over the existence of a default, the burden <br />of proving the default shall be on the City. <br /> <br />SECTION 3. CONDITIONS OF USE. <br /> <br />3.1 Use of Public Ground. Gas Facilities shall be <br />located, constructed, installed and maintained so as not to <br />endanger or unnecessarily interfere with the usual and customary <br />traffic, travel, and use of Public Ground, and shall be subject <br />to permit conditions of the city. The permit conditions may <br />provide for the right of inspection by the city, and the Company <br />agrees to make its Gas Facilities available for inspection at all <br />reasonable times and places. <br /> <br />. <br /> <br />2 <br />