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City is obligated to pay Company, ho�vever, only foz those portians of its telocation costs �'or <br />which City has received federal funding sp�ci�ically allocated fot relocation costs in ehe a�naunt <br />requested by the Company. <br />4.4 No Waiver. By entering this or any prior €�anchise agxeerzaent wi.th the City, <br />Company does not �craive its rights under an easement or p�esctiptive right ox State or County <br />permit. <br />SECTION 5. INDEMNIFICATION. <br />5.1. Yndernnity of Cit�. Co�pany shall indemni£y and hald the City hai7i�iess from any <br />and al� liability, on account of injury to persons or damag� to propezty occasioned by the <br />constnict�on, maintenance, repair, inspection, the issuance o£ permits, or the operacion of the Gas <br />Facilities Iocated in the PubLic Ways and Public Grounds. The City shall not be indemnified for <br />losses ox claims occasion.ed thxough its own negligence except for losses or cla.i�nns aris�ng out of or <br />alleging rhe City's neg3igence as to rhe issuance of perrnits for, or inspection of, Cotnpany's plans or <br />work. <br />5.2. Defense of Citv. In the event a suit is b�ought aga�nst the City undes <br />circumstances urhere this agreement to indemnify appiies, Co!tz�pany at its soie cost and expense <br />shall defend the City ir� such suit if written notice th�reo£ is prompdy given to Company within a <br />period whe�ein Corn.pany is not prejudiced by lack o£ such notice. If Company is req�ed to <br />indemziify and de£end, it will thezeafter I�ave con�oi of such lit7gation, but Company map not setkte <br />such lit�gation witliout the consent of the City, which consent shall not be unreasonably withheld. <br />This section is not, as to third parties, a waiver of any defense oz :it���xzunity otherwise available to <br />the City; and Comgany, in defending any action. on behalf of the Ci�y, shall be entit�ed to assert in <br />any action every de£ense or i.�r�r�lunity that �1ie City could asse�t in its ow� behal£ This franchise <br />agreement shall not be interpxeted to constilute a waiver 3�y the City af any of its defenses of <br />i�ninunity ox limitations on liability under Minnesota. Sratutes, Chapter 456. <br />SECTION G. VACATION OF PUBLIC WAYS. <br />The City shall give Com�any at least two weeks priar written norice of a proposed vaca�ion <br />oE a Public Way. The City an.d the Company sha11 cornplp �arith Minnesora Rules, 7819.3200 and <br />app�icable ordizaan.c�s consistezat with law. Except where required solely for a City irnprovement <br />�roject, the vacation of any �'ublic Way, after the insta�lation of Gas Facilities, shall not opezate to <br />deprive Company of its rights to opexate and maintain such Gas Facilities, until the reasonable cost <br />o£ relocating the same fi�st paid to Cornpaz�y. In na case, hawever, shall the City be liable to <br />Co�npany far faalute to specifically preserve a rigbt-of way, under Minnesota Statutes, Secuon <br />160.29. In accordance with Minnesota. Rules, Part 7819.3200, if the city's order dixecting vacation <br />of t-he Public Way does not require relocation of the Company's Gas Facilities to pxevent <br />interference �u�th a cu.trent public improvement, �.ie vacation proceeciings shaIl not he deerned to <br />deprive Campany of its rig�t to contin�e to use the �ight-of-way of the former Public Way for its <br />Gas Faci�ir�es installed prior to such order of vacation. <br />5 <br />