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relocation cost. If the Company claims that it should be reim- employees, and agents free and harmless from any and all claims
<br /> bursed for such relocation costs, it shall notify the Munici-
<br /> and actions on account of injury or death of persons or damage to
<br /> pality within thirty days after receipt of such order. The
<br /> property occasioned by the construction, maintenance, repair,
<br /> Municipality shall give the Company reasonable notice of plans i removal, or operation of the Company's property located in, on,
<br /> requiring such relocation. over, under, or across the public ground of the Municipality,
<br /> unless such injury or damage is the result of the negligence of
<br /> Nothing. contained in this subsection shall require the
<br /> the Municipality, its elected officials, employees, officers, or
<br /> Company to remove and replace its mains or to cut and reconnect
<br /> agents. The Municipality shall not be entitled to reimbursement
<br /> its service pipe running from the main to a customer's premises for its costs incurred prior to notification to the Company of
<br /> at its own expense where the removal and replacement or cutting
<br /> claims or actions and a reasonable opportunity for the Company to
<br /> and reconnecting is made for the purpose of a more expeditious accept and undertake the defense.
<br /> operation for the construction or reconstruction of underground
<br /> facilities; nor shall anything contained herein relieve any
<br /> If-a claim or action shall be brought against the Municipal-
<br /> person from liability arising out of the failure to exercise ity under circumstances where indemnification applies, the Com-
<br /> reasonable care to avoid damaging the Company's facilities while pany, at its sole cost and expense, shall defend the Municipality
<br /> performing any work in any Public Ground.
<br /> if written notice of the claim or action is promptly given to the
<br /> Company within a period wherein the Company is not prejudiced by
<br /> 3.5. Relocation when Public Ground Vacated. The vacation
<br /> lack of such notice. The Company shall have complete control of
<br /> of any Public Ground shall not operate to deprive the Company of such claim or action, but it may not settle without the consent
<br /> the right to operate and maintain its facilities therein. Unless of the Municipality, which shall not be unreasonably withheld.
<br /> ordered under Section 3.4, the Company need not relocate until This section is not, as to third parties, a waiver of any defense
<br /> the reasonable cost of relocating and the loss and expense
<br /> resulting from such relocation are first paid to the Company. or immunity otherwise available to the Municipality, and the
<br /> Company in defending any action on behalf of. the Municipality
<br /> When the vacation is for the benefit of the Municipality in the
<br /> furtherance of a public purpose, the Company shall relocate at shall be entitled to assert every defense or immunity that the
<br /> Municipality could assert in its own behalf.
<br /> its own expense.
<br /> 3.6. Street Improvements, Paving or Resurfacin2. The SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici-
<br /> Municipality s—hall give the Company reasonable written notice of pality, shall have the right and authority to assign all rights
<br /> plans for street improvements where paving or resurfacing of a conferred upon it by this franchise to any person. The assignee
<br /> permanent nature is involved. The notice shall contain the
<br /> nature and character of the improvements, the streets upon which of such rights, by accepting such assignment, shall become
<br /> subject to the terms and provisions of this franchise.
<br /> the improvements are to be made, the extent of the improvements
<br /> and the time when the Municipality will start the work, and, if
<br /> more than one street is involved, the order in which this work is SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form
<br /> to proceed. The notice shall be given to the Company a suffi- of government of the Municipality shall not affect the validity
<br /> cient length of time, considering seasonable working conditions, of this franchise. Any governmental unit succeeding the Munici-
<br /> in advance of the actual commencement of the work to permit the
<br /> pality shall, without the consent of the Company, automatically
<br /> Company to make any additions, alterations or repairs to its
<br /> facilities the Company deems necessary. succeed to all of the rights and obligations of the Municipality
<br /> provided in this franchise.
<br /> In cases where streets are at final width and grade, and the
<br /> Municipality has installed underground sewer and water mains and SECTION 7. SEVERABILITY. If any portion of this franchise is
<br /> service connections to the property line abutting the streets
<br /> found to be invalid for any reason whatsoever, the validity of.
<br /> prior to a- permanent-paving or resurfacing -of such� streets, and _f1i67f4Ei:it_of thl�i_ franchise shall not be affected.
<br /> the Company's main is located under such street, the Company may
<br /> be required to install gas service connections- prior to such SECTION 8. NOTICES. Any notice required by this franchise shall
<br /> paving or resurfacing, whenever it is apparent that gas service
<br /> will be required during the five years following the paving or be sufficient if, in the case of notice to the Company, it is
<br /> delivered to Minnegasco, Inc., attention Vice President,
<br /> resurfacing.
<br /> Minnesota Operations, 201 South Seventh Street, Minneapolis,
<br /> Minnesota 55402, and, in the case of the Municipality, it is
<br /> delivered to:
<br /> SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep
<br /> and hold the Municipality, its elected officials, officers,
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