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<br />. <br /> <br />fee in its rates for gas service. The time and manner of <br />collecting the franchise fee is subject to the approval of the <br />Public utilities Commission, which the Company agrees to use best <br />efforts to obtain. The Company agrees to make its gross revenues <br />records available for inspection by the City at reasonable times. <br /> <br />SECTION 5. INDEMNIFICATION <br /> <br />5.1 Hold Harmless. The Company shall indemnify, keep <br />and hold the City, its elected officials, officers, employees, <br />and agents free and harmless from any and all claims and actions <br />on account.of injury or death of persons or damage to property <br />occasioned by the construction, maintenance, repair, removal, or <br />operation of the Company's property located in, on, over, under <br />or across the public Ground of the City, unless such injury or <br />damage is the result of the negligence of the City, its elected <br />officials, employees, officers, or agents. The City shall not be <br />entitled to reimbursement for its costs incurred prior to <br />notification to the the Company of claims or actions and a <br />reasonable opportunity for the Company to accept and undertake <br />the defense. <br /> <br />. <br /> <br />5.2 Litiqation. If a claim or action shall be <br />brought against the city under circumstances where <br />indemnification applies, the Company, at its sole cost and <br />expense, shall defend the city if written notice of the claim or <br />action is promptly given to the company within a period wherein <br />the Company is not prejudiced in the defense of such claim or <br />action by lack'of such notice. The Company shall have complete <br />control of such claim or action, but it may not settle without <br />the consent of the City, which shall not be unreasonably <br />withheld. This section is not, as to third parties, a waiver of <br />any defense or immunity otherwise available to the city, and the <br />Company in defending any action on behalf of the city shall be <br />entitled to assert every defense or immunity that the City could <br />assert in its own behalf. <br /> <br />SECTION 6. CHANGE IN FORM OF GOVERNMENT. <br /> <br />Any change in the form of government of the city shall not <br />affect the validity of this franchise. Any governmental unit <br />succeeding the city shall, without the consent of the Company, <br />automatically succeed to all of the rights and obligations of the <br />city provided in this franchise. <br /> <br />SECTION 7. SEVERABILITY. <br /> <br />If any portion of this franchise is found to be invalid for <br />any reason whatsoever, the validity of the remainder shall not be <br />affected. <br /> <br />. <br /> <br />6 <br />