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| P a g e 4 o f 7 | <br />3.5.Notice of Improvements to Streets. The City will give Company reasonable written <br />Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to <br />believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: <br />(i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which <br />the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City <br />will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in <br />which the work is to proceed. The Notice will be given to Company a sufficient length of time, <br />considering seasonal working conditions, in advance of the actual commencement of the work to <br />permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems <br />necessary. <br />3.6 Mapping Information. If requested by City, Company must promptly provide <br />complete and accurate mapping information for any of its Gas Facilities in accordance with the <br />requirements of Minnesota Rules 7819.4000 and 7819.4100. <br />3.7.Emergency Response. As emergency first responders, when a public safety concern <br />exists both the City and Company shall respond to gas emergencies within the City without additional <br />direct fee or expense to either City or Company. <br />SECTION 4.RELOCATIONS <br />4.1.Relocation in Public Ways. The Company and City shall comply with the provisions <br />of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities <br />located in Public Ways. <br />4.2 Relocation in Public Grounds. City may require Company at Company’s expense <br />to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas <br />Facilities have become or will become a substantial impairment to the existing or proposed public <br />use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or impair <br />any existing company easements in Public Grounds. If Company is required to relocate from an <br />existing easement, City shall provide an equivalent easement for the relocated facilities. <br />4.3.Projects with Federal Funding. Relocation, removal or rearrangement of any <br />Company Gas Facilities made necessary because of the extension into or through City of a federally <br />aided highway project shall be governed by the provisions of Minnesota Statutes §§ 161.45 and <br />161.46. <br />SECTION 5.INDEMNIFICATION <br />5.1.Indemnity of City. Company shall indemnify and hold the City harmless from any <br />and all liability, on account of injury to persons or damage to property occasioned by the construction, <br />maintenance, repair, inspection, the issuance of permits or the operation of the Gas Facilities located <br />in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims <br />occasioned through its own negligence or otherwise wrongful act or omission except for losses or <br />claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection <br />of, Company's plans or work.