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3 <br /> Subd 2. Nothing contained in this franchise shall require Company to <br /> relocate, remove, replace, or reconnect at its own expense its facilities where <br /> such relocation, removal, replacement, or reconnection is for convenience and <br /> not of necessity in the construction or reconstruction of a City utility system <br /> or extension thereof. <br /> Subd. 3. Any relocation, removal, or rearrangement of any Company <br /> facilities made necessary because of the extension into or through City of a <br /> federally aided highway project shall be governed by the provisions of Minnesota <br /> Statutes Section 161.46 as supplemented or amended; and further, it is <br /> expressly understood that the right herein granted to Company is a valuable <br /> property right and City shall not order Company to remove or relocate its <br /> facilities without compensation when a public way is vacated, improved or <br /> realigned because of a renewal or a redevelopment plan which is financially <br /> subsidized in whole or in part by the Federal Government or any agency <br /> thereof, unless the reasonable non-betterment costs of such a relocation and <br /> the loss and expense resulting therefrom are first paid to Company. <br /> Subd. 4. Nothing contained herein shall relieve any person, persons or <br /> corporations from liability arising out of the failure to exercise reasonable <br /> care to avoid injuring Company's facilities while performing any work connected <br /> with grading, regrading, or changing the line of any public way, or with the <br /> construction of any City utility system. <br /> SEC1l0N 6. Indemnification <br /> Company shall indemnify, keep, and hold City free and harmless from any <br /> and all liability on account of injury to persons or damage to property <br /> occasioned by the construction, maintenance, repair, or operation of Company's <br /> gas facilities located in, on, over, under, or ace uss the public ways and <br /> public grounds of City, unless such injury or damage grows out of the negligence <br /> of City, its employees, or agents, or results from the performance in a proper <br /> manner of acts reasonably deemed hazardous by Company, but such performance is <br /> nevertheless ordered or directed by City after notice of Company's <br /> determination. In the event a suit shall be brought against City under <br /> circumstances where the above agreement to indemnify applies, Company at its <br /> sole cost and expense shall defend City in such suit if written notice thereof <br /> is promptly given to Company within a period wherein Company is not prejudiced <br /> by lack of such notice. If such notice is not reasonably given as hereinbefore <br /> provided, Ccmpany shall have no duty to indemnify nor defend. If Company is <br /> required to indemnify and defend, it will thereafter have complete control of <br /> such litigation, but Company may not settle such litigation without the consent <br /> of City, which consent Shall not be unreasonably withheld. This section is not, <br /> as to third parties, a waiver of any defense or immunity otherwise available to <br /> City; and Company, in defending any action on behalf of City shall be <br /> entitled to assert in any action every defense or immunity that City could <br /> assert in its own behalf. <br />