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<br /> Subd. Z. if the vacation requires the relocation of Registrant or Permittee Equipment and:
<br /> (a) if th6 vacation proceedings are initiated by the RegistYant or Permittee, the Registrant or
<br /> Permittbe must pay the relocation costs; or(b)if the vacation proceedings are initiated by the
<br /> City,the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the
<br /> City and the Registrant or Permittee; or(c) if the vacation proceedings are initiated by a Person
<br /> or Persons other than the Registraut or Permittee, such other Person or Persons must pay the
<br /> relocation costs.
<br /> Sec. 1.30.Indemnification and Liability.
<br /> Subd. 1. By reason of the acceptance of a registration or the grain,of a Right-of-Way
<br /> Permit,.the City does not assume any liability; (a) for injuries to Persons, damage to property, or
<br /> loss of Service claims by parties other than the Registrant or the City; or(b)for claims or
<br /> penalties of any sort resulting fiom the installation,presence, maintenance, or operation of
<br /> Equipment by Registrants or activities of Registrants.
<br /> Subd. 2. By registering with the City, a Registrant agrees, or by accepting a Permit under
<br /> this Chapter, a Permittee is required to defend, indemnify,and hold the City whole and harmless
<br /> from all costs, liabilities, and claims for damages of any kind arising out of the construction,
<br /> presence, installation, maintenance,repair or operation of its Equipment, or out of any activity
<br /> undertaken in or near a Right-of-Way, whether or not any act or omission complained of is
<br /> authorised,allowed, or prohibited by a Right-of-Way Permit. It further agrees that it will not
<br /> bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking
<br /> any other relief against the City for any claim nor for any award arising out of the presence,
<br /> installation,maintenance or operation of its Equipment,or any activity undertaken in or near a
<br /> Right-of--Way, whether or not the act or omission,complained of is authorized, allowed or
<br /> prolubited by a Right-of-Way Permit. The foregoing does not indemnify the City for its own
<br /> negligeince except for claims arising out of or alleging the City's negligence where such
<br /> negligence arises out of or is primarily related to the presence, installation, construction,
<br /> operation, maintenance or repair of,said Equipment by the Registrant or on the Registrant's
<br /> behalf;including, but not limited to, the issuance of Permits and inspection of plans or work.
<br /> This Section is not, w to third parties, a waiver of any defense or immunity otherwise available
<br /> to the Registrant or to the City; and the Registrant, in defending any action on behalf of the City,
<br /> shall be entitled to assert in any action every defense or immunity that the City could assert in its
<br /> own behalf
<br /> See. 1.31. Future Uses.
<br /> :In placing any Equipment, or allowing it to be placed, in the Right-of-Way the City is not
<br /> liable for any damages caused thereby to any Registrant's Equipment which is already in place,
<br /> No Registrant is entitled to rely on the provisions of this Chapter, and no special duty is created
<br /> as to any Registrant. This Chapter is enacted to protect the general-health, welfare and safety of
<br /> the public at large.
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