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City is obligated to pay Company, however, only for those portions of its relocation costs for <br /> which City has received federal funding specifically allocated for relocation costs in the amount <br /> requested by the Company. <br /> 4.4 No Waiver. By entering this or any prior franchise agreement with the City, <br /> Company does not waive its rights under an easement or prescriptive right or State or County <br /> permit. <br /> SECTION 5. INDEMNIFICATION. <br /> 5.1. Indemnity of Ci1y. 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 <br /> construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas <br /> Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for <br /> losses or claims occasioned through its own negligence except for losses or claims arising out of or <br /> alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or <br /> work. <br /> 5.2. Defense of City. In the event a suit is brought against the City under <br /> circumstances where this agreement to indemnify applies, Company at its sole cost and expense <br /> shall defend the City in such suit if written notice thereof is promptly given to Company within a <br /> period wherein Company is not prejudiced by lack of such notice. If Company is required to <br /> indemnify and defend,it will thereafter have control of such litigation, but Company may not settle <br /> such litigation without 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 or immunity otherwise available to <br /> the City; and Company, in defending any action on behalf of the City, shall be entitled to assert in <br /> any action every defense or immunity that the City could assert in its own behalf. This franchise <br /> agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of <br /> immunity or limitations on liability under Minnesota Statutes, Chapter 466. <br /> SECTION 6.VACATION OF PUBLIC WAYS. <br /> The City shall give Company at least two weeks prior written notice of a proposed vacation <br /> of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and <br /> applicable ordinances consistent with law. Except where required solely for a City improvement <br /> project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to <br /> deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost <br /> of relocating the same first paid to Company. In no case, however, shall the City be liable to <br /> Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section <br /> 160.29. In accordance with Minnesota Rules, Part 7819.3200, if the city's order directing vacation <br /> of the Public Way does not require relocation of the Company's Gas Facilities to prevent <br /> interference with a current public improvement, the vacation proceedings shall not be deemed to <br /> deprive Company of its right to continue to use the right-of-way of the former Public Way for its <br /> Gas Facilities installed prior to such order of vacation. <br /> 5 <br />