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prescriptive right before the applicable Public Ground or Public Way was established, or <br /> Company's rights under state or county permit. <br /> SECTION 5. TREE TRIMMING. <br /> Company is also granted the permission and authority to trim all shrubs and trees, including <br /> roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with <br /> the proper construction, operation, repair and maintenance of Electric Facilities, provided that <br /> Company shall save City harmless from any liability in the premises. <br /> SECTION 6. INDEMNIFICATION. <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 <br /> occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the <br /> operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall <br /> not be indemnified for losses or claims occasioned through its own negligence except for losses or <br /> claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection <br /> of, Company's plans or work. The City shall not be indemnified if the injury or damage results <br /> from the performance in a proper manner of acts reasonably deemed hazardous by Company, and <br /> such performance is nevertheless ordered or directed by City after notice of Company's <br /> determination. <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 <br /> City in such suit if written notice thereof is promptly given to Company within a period wherein <br /> Company is not prejudiced by lack of such notice. If Company is required to indemnify and <br /> defend, it will thereafter have control of such litigation, but Company may not settle such litigation <br /> without the consent of the City, which consent shall not be unreasonably withheld. This section is <br /> not, as to third parties, a waiver of any defense or immunity otherwise available to the City and <br /> Company, in defending any action on behalf of the City shall be entitled to assert in any action <br /> every defense or immunity that the City could assert in its own behalf. <br /> SECTION 7. VACATION OF PUBLIC WAYS. <br /> The City shall give Company at least two weeks prior written notice of a proposed vacation <br /> of a Public Way. Except where required for a City improvement project,the vacation of any Public <br /> Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to <br /> operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and <br /> the loss and expense resulting from such relocation are first paid to Company. In no case,however, <br /> shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota <br /> Statutes, Section 160.29. <br /> 5 <br /> 416862 RJV MU210-164 <br />