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i � employees, and agents free and harmless from any and all claims SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This. franchise su ercedes all previous franchises and actions on account of injury or death of persons or damage to P P granted to the Company or its property occasioned by the construction, maintenance, repair, predecessors. removal, or operation of the Company's property located in, on, over, under, or across the public ground of the Municipality, ! unless such injury or damage is the result of the negligence of I the Municipality, its elected officials, employees, officers, or i Passed and approved agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the-Company to accept and undertake the defense. If a claim or action shall be brought against the Municipal- ' Mayor of the City of ity under circumstances where indemnification applies, the Com- Minnesota pany, at its sole cost and expense, shall defend the Municipality i ATTEST: if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by i lack of such notice. The Company shall have complete control of t such claim or action, but it may not settle without the consent Clerk of the City of of the Municipality, which shall not be unreasonably withheld. y This section is not, as to third parties, a waiver of any defense Minnesota or immunity otherwise available to the Municipality, and the First Reading: June 14, 1983 Company in defending any action on behalf of the Municipality Second Reading: shall be entitled to assert every defense or immunity that the Adopted: Municipality could assert in its own behalf. SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici- pality, shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee Published in the St. Anthony Bulletin on of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Munici- pality shall, without the consent of the Company, automatically ' succeed to all of the rights and obligations of the Municipality provided in this franchise. SECTION 7. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. NOTICES. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and, in the case of the Municipality, it is delivered to: 5 6