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construction, maintenance, repair, inspection, the issuance of permits, or <br /> the operation of the Electric Facilities located in the City. The City shall <br /> not be indemnified for losses or claims occasioned through its own <br /> negligence except for losses or claims arising out of or alleging the <br /> City's negligence as to the issuance of permits for, or inspection of, the <br /> Company's plans or work. The City shall not be indemnified if the injury <br /> or damage results from the performance in a proper manner of acts <br /> reasonably deemed hazardous by Company, and such performance is <br /> nevertheless ordered or directed by City after notice of Company's <br /> determination. <br /> 6.2 Litigation. In the event a suit is brought against the City <br /> under circumstances where this agreement to indemnify applies, such <br /> suit if written notice thereof is promptly given to the Company within a <br /> period wherein the Company is not prejudiced in defense of the claim by <br /> lack of such notice. If the Company is required to indemnify and <br /> defend, it will thereafter have control of such litigation, but the Company <br /> shall not settle such litigation without the consent of the City, which <br /> consent shall not be unreasonably withheld. This section is not, as to <br /> third parties, a waiver of any defense or immunity otherwise available to <br /> the City. The Company, in defending any action on behalf of the City <br /> shall be entitled to assert in any action every defense or immunity that <br /> the City could assert in its own behalf. <br /> SECTION 7. CHANGE IN FORM OF GOVERNMENT. <br /> Any change in the form of government of the City shall not affect <br /> the validity of this Ordinance. Any governmental unit succeeding the <br /> City shall, withmut the consent of the Company, succeed to all of the <br /> rightsand oblations of the City provided in this Ordinance. <br /> SECTION 8. SEVERABILITY. <br /> If any portion of this franchise is found to be invalid for any reason <br /> whatsoever, the validity of the remainder shall not be affected. <br /> SECTION 9. PREVIOUS FRANCHISES SUPERSEDED <br /> 8 <br />