Laserfiche WebLink
to City's absolute right to revoke at any time in the exercise of City's police powers. The notice • <br /> of default must be in writing and specify the provisions of the permit under which the default is <br /> claimed and state the grounds of the claim. The notice must be served on the Company by <br /> personally delivering it to an officer thereof at its principal place of business in Minnesota or by <br /> certified mail to that address. <br /> Subdivision 2. Citv Action on Default. If the Company is in default in the performance <br /> of the work or occupancy authorized by the permit, the City may, after the above notice to the <br /> Company and failure of the Company to cure the default, take such action as may be reasonably <br /> necessary to abate the condition caused by the default. The Company must reimburse the City <br /> for the City's reasonable costs, including costs of collection and attorney fees incurred as a result <br /> of the Company default. The security posted under Section 2, Subdivision 6, will be applied by . <br /> the City first toward payment for such reimbursement. <br /> SECTION 5 <br /> INDEMNIFICATION <br /> i <br /> Subdivision 1. c e. The Company will indemnify, keep and hold the City, its elected <br /> officials, officers, employees and agents free and harmless from any and all claims and actions <br /> on account of injury or death of persons or damage to property occasioned by the construction, <br /> installation, maintenance, repair, removal, relocation or operation of the facilities affecting public <br /> ground, unless such injury or damage is the result of the negligence of the City, its elected • <br /> ofcials, employees, officers or agents. The City will notify the Company of claims or actions <br /> and provide a reasonable opportunity for the Company to accept and undertake the defense. <br /> Subdivision 2. Claim Defense. If a claim or action is brought against the City under <br /> circumstances where indemnification applies, the Company, at its sole expense, shall defend the <br /> City if written notice of the claim or action is given to the Company within a period wherein the <br /> Company is not prejudiced in 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 may not settle without the <br /> consent of the City, which shall not be unreasonably withheld. This section is not, as to third <br /> parties, a waiver of any defense or immunity otherwise available to the City. In defending any <br /> action on behalf of the City, the Company is entitled to assert every defense or immunity that the <br /> City could assert in its own behalf. <br /> SECTION 6 <br /> OTHER CONDITIONS OF USE <br /> Subdivision 1. Use of Public Ground. Facilities must be located, constructed, installed, <br /> maintained or relocated so as not to endanger or unnecessarily interfere with the usual and <br /> customary traffic, travel, and use of Public Ground. The Facilities are subject to additional <br /> conditions of the permit as established therein, including, but not limited to, (i) the right of <br /> inspection by the City at reasonable times and places; (ii) the obligation to relocate the Facilities • <br /> 5 <br />