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occasioned by the construction, maintenance, repair, removal, or <br /> operation of the Company's property located in, on, over, under, or <br /> across the Public Ground of the City, unless such injury or damage <br /> is the result of the negligence of the City, its elected officials, <br /> employees, officers, or agents. The City shall not be entitled to <br /> reimbursement for its costs incurred prior to notification to the <br /> Company of claims or actions and a reasonable opportunity for the <br /> Company to accept and undertake the defense. <br /> 5 .2 .- Litigation. If a claim or action shall be brought <br /> against the City under circumstances where indemnification applies, <br /> the Company, at its sole cost and expense, shall defend the City if <br /> written notice of the claim or action is promptly given to the <br /> com•an within a •eriod wherein the om•an is not •re 'udiced in <br /> the defense of such claim or action by lack of such notice. The <br /> Company shall have complete control of such claim or action, but it <br /> may not settle without the consent of the City, which shall not be <br /> unreasonably withheld. This section is not, as to third parties, <br /> a waiver of any defense or immunity otherwise available to the <br /> City, and the Company in defending any action on behalf of the City <br /> shall be entitled to assert every defense or immunity that the City <br /> could assert in its own behalf. <br /> SECTION 6 . CHANGE IN FORM OF GOVERNMENT. <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 /> SECTION 7 . SEVERABILITY. <br /> If any portion of this franchise is found to be invalid for <br /> any reason whatsoever, the validity of the rest of this franchise <br /> shall not be affected. <br /> SECTION 8. PREVIOUS FRANCHISES SUPERSEDED. <br /> I 's . 1 i ' - - - • -_ .11 •revious franchises •ranted to <br /> the Company or its predecessors . <br /> SECTION 9 . NO WAIVER. <br /> Failure to enforce any of these provisions shall not be deemed <br /> a waiver of any provision of this franchise. <br /> SECTION 10 . AMENDMENT. <br /> This ordinance may be amended at any time by the City passing <br /> a subsequent ordinance declaring the provisions of the amendment, <br /> which amendatory ordinance shall become effective upon the filing <br /> of the Company's written consent thereto with the City Clerk within <br /> 90 days after the effective date of the amendatory ordinance. <br /> JMS39256 <br /> Mu125-11 6 <br />