7D Electric Service and Gas Service Franchise Ordinance Renewal with Xcel Energy

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has xeceived federal funding specifically allocated foY relocation costs in. the atx�ount �equested by the Company. �.4 No Waivet. Bp entering this or any prior fras�chise agxeernent with the City, Company does not waiv� its rights undex an ease:tx�ent or prescxipti.ve right or Stat� oz Co��r permit. SECTION 5. TREE TRIMMING. Unless otherwise p�ovided in any pern�it o� other �easonable regulation required by the City under separate ordinance, Cotz�pany xnay tri.m a91 trees and shrubs ir� the I'ublic Ways and Public Grounds of City to the extent Company finds necessary to avaid interference with #he proper canstruction, operation, repair and maintenance of any Electric Faci}ities instaIled �e�eunder, provided that Co�npany shall hold the City hari��less from any liability arising the�ef�otn. The Company shall prompdy cieanup and remove all de6ris related to the rrimming activities. SECTION 6. INDEMNIFICATION. 6.1. Indernnity af Cx�. Company shall indemnify and hold the City ha�less fxom any and al� liability, on account of 3njury to persons or da�age to p�opetty occasianed by the construction, maintenance, re�air, inspection, the issuance o�' pern�its, or rhe operation of the Eleckric Faciliries located in the Public Ways and Public Grounds. The City shal.l not be indet�nnified for losses oz claitns occasioned through its own negligence except for losses or ciaims arising out of or alleging �ie City's negligence as to the i.ssuanc� of permits £ot, oz inspection of, Co�npany's plans or work. G.2. Defense� Zn the event a suat is brought agait�st the City undex circumstances where this agreement to indeii�ni£y applies, Company at its sole cos� and expense s�aL� defend the Ciry in such suit if written notice rhereof is promp�ly given to Com�any vcritivn a period tvherein Company is not prejudiced by lack of such natice. If Company is Yequired to indemnify and defend, it w�il thexeafter have control of such l�tigation, but Company may not settie such lit�gation without the consent of the City, which consent sha.i� not be ur�easonably withheld. This section is r�ot, as to third paxties, a�craiv-er of any defense or irnt�iunity oYherwise available to the City; and Company, in defending any action on behalf of the City shall be enti�led to assert in any action every c�.eEense ox izntnunity that the City cou�d assert ir� its own behalf. This franchise agreement shall not be inter�reted to eanstitute a wai.vex by the City o£ any of its de£enses o£ uiv.nunity o� litnitations on liability under Minnesoha Statutes, Chap�e� 4G6. SECTION 7. VACATION OF PUBLIC WAYS. The Ci�r shall give Cotnpany at least two meeks pxiox written r�otice of a proposed vacation of a Pu�lic Way. The City and the Company shall con�ply �rith Minnesota Rules, 7819.3200 and applicabie ordinances consistent with law. Except whexe xec�uired sole�y for a City improvement project, the vacation oi any Public Way, after the installation of Elecrsic Facilibies, slaa.11 not operate to deprive Company of its rights to ope�ate and maintain such Electric �'acilities, until the reasonable cost of re�ocatirag the same first paid to Company. In no case, however, sha� the Cs.ty be liable ta Com.pany fox failuxe to specifi�ally p�eserve a right-of-way, under Mii�nesota Statutes, 5