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relocation cost. If the Company claims that it should be reim-
<br /> with the usual and customary traffic, travel, and use of public bursed for such relocation costs, it shall notify the ground, and shall be subject to permit
<br />conditions of the Munici- i pality within thirty days after receipt of such order. The
<br /> Munici-
<br /> pality. The permit conditions may provide for the right of Municipality shall give the Company reasonable notice of plans
<br /> inspection by the Municipality, and the Company agrees to make requiring such relocation.
<br /> its facilities and equipment available for inspection at all
<br /> reasonable times and places. Nothing contained in this subsection shall require the
<br /> Company to remove and replace its mains or to cut and reconnect
<br /> 3.2. Permit required. The Company shall not open or dis- ? its service pipe running from the main to a customer's premises
<br /> turb the surface of any public ground for any purpose without at its own expense where the removal and replacement or cutting
<br /> first having obtained a permit from the Municipality, for which and reconnecting is made for the purpose of a more expeditious
<br /> the Municipality may impose a reasonable fee to be paid by the operation for the construction or reconstruction of underground
<br /> Company. The permit conditions imposed on the Company shall not facilities; nor shall anything contained herein relieve any
<br /> be more burdensome than those imposed on other utilities for i person from liability arising out of the failure to exercise
<br /> similar facilities or work. The mains, services and other prop- I ` reasonable care to avoid damaging the Company's facilities while
<br /> erty placed pursuant to such permit shall be located as shall be performing any work in any Public Ground.
<br /> designated by the Municipality.
<br /> The Company- may, however, open and disturb the surface of 3.5. Relocation When Public Ground Vacated. The vacation
<br /> o f any Public Ground shall not operate to deprive the Company of
<br /> any public ground without a permit where an emergency exists the right to operate and maintain its facilities therein. Unless
<br /> requiring the immediate repair of its facilities. The Company in ordered under Section 3.4, the Company need not relocate until
<br /> such event shall request a permit not later than the second the reasonable cost of relocating and the loss and expense
<br /> working day thereafter. resulting from such relocation are first paid to the Company.
<br /> When the vacation is for the benefit of the Municipality in the
<br /> 3.3. Restoration. Upon completion of any work requiring furtherance of a public purpose, the Company. shall relocate at
<br /> the opening of any Public Ground, the Company shall restore the i its own expense.
<br /> same, including paving and its foundations, to as good condition
<br /> as formerly, and shall exercise reasonable care to maintain the 3.6. Street Improvements, Paving or Resurfacing. The
<br /> same for two years thereafter in good condition. Said work shall Municipality shall give the Company reasonable written notice of
<br /> be completed as promptly as weather permits, and if the Company plans for street improvements where paving or resurfacing of a
<br /> shall not promptly perform and complete the work, remove all permanent nature is involved. The notice shall contain the
<br /> dirt, rubbish, equipment and material, and, put the Public Ground nature and character of the improvements, the .streets upon which
<br /> in good condition, the Municipality shall have the right to put the improvements are to be made, the extent of the improvements
<br /> it in good condition at the expense of the Company; and the and the time when the Municipality will start the work, and, if
<br /> Company shall, upon demand, pay to the Municipality the cost of more than one street is involved, the order in which this work is
<br /> such work done for or performed by the Municipality, including to proceed. The notice shall be given to the Company a suffi-
<br /> cient administrative expense and overhead, together with ten per- length of time, considering seasonable working conditions,
<br /> cent additional as liquidated damages. This remedy shall be in in advance of the actual commencement of the work to permit the
<br /> addition to any other remedy available to the Municipality. Company to make any additions, alterations or repairs to its
<br /> 3.4. Relocation of Utility Facilities. The Company shall facilities the Company deems necessary.
<br /> promptly, with due regard for seasonal working conditions, per- In cases where streets are at final width and grade, and the
<br /> manently relocate its facilities or equipment whenever the Muni- Municipality has installed underground sewer and water mains and
<br /> cipality orders such relocation. If the relocation is a result service connections to the property line abutting the streets
<br /> of the proper exercise of the police_ power in grading, regrading, prior to a permanent paving or resurfacing of such streets, and
<br /> changing the location or shape- of or otherwise improving any the Company's main is located under such street, the Company may
<br /> Public Ground or constructing or reconstructing any sewer or be required to install gas service connections prior to such
<br /> water system therein, the relocation shall be at the expense of paving or resurfacing, whenever it is apparent that gas service
<br /> the Company. If the relocation is not a result of the proper
<br /> exercise of the police power, the relocation shall be at the will be required during the five years following the paving or expense of the Municipality.
<br /> If such relocation is done without resurfacing.
<br /> an agreement first being made as to who shall pay the relocation
<br /> cost, such relocation of the facilities by the Company shall not SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep_
<br /> be construed as a waiver of its right to be reimbursed for the and hold the Municipality, its elected officials, officers,
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