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SECTION 6. INDEMNIFICATION. <br /> 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and <br /> harmless from any and all liability on account of injury to persons or damage to property occasioned <br /> by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the <br /> Gas Facilities located in the Public Grounds and Public Ways. 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. The City shall not be indemnified if the injury or damage results from the performance in a <br /> proper manner of acts reasonably deemed hazardous by Company, and such performance is <br /> nevertheless ordered or directed by City after notice of Company's determination. <br /> 6.2 Defense of City. In the event a suit is brought against the City under circumstances <br /> where this agreement to indemnify applies, Company at its sole cost and expense shall defend the <br /> City in such suit if written notice thereof is promptly given to Company within a period wherein <br /> Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, <br /> it will thereafter have control of such litigation, but Company may not settle such litigation without <br /> the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to <br /> third parties, a waiver of any defense or immunity otherwise available to the City and Company, in <br /> defending any action on behalf of the City shall be entitled to assert in any action every defense or <br /> immunity that the City could assert in its own behalf. <br /> SECTION 7. VACATION OF PUBLIC WAYS. <br /> 7.1 The City shall give Company at least two weeks prior written notice of a proposed <br /> vacation of a Public Way. Except where required for a City improvement project,the vacation of any <br /> Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights <br /> to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the <br /> loss and expense resulting from such relocation are first paid to Company. In no case,however, shall <br /> City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, <br /> Section 160.29. <br /> SECTION 8. CHANGE IN FORM OF GOVERNMENT. <br /> 8.1 Any change in the form of government of the City shall not affect the validity of this <br /> Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, <br /> succeed to all of the rights and obligations of the City provided in this Ordinance. <br /> SECTION 9. PROVISIONS OF ORDINANCE. <br /> 9.1 Severability. Every section,provision,or part of this Ordinance is declared separate <br /> from every other section, provision, or part and if any section, provision, or part shall be held <br /> invalid, it shall not affect any other section, provision, or part. Where a provision of any other <br /> City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance <br /> shall prevail. <br /> 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement <br /> between the City and Company as the only parties and no provision of this franchise shall in any <br /> way inure to the benefit of any third person (including the public at large) so as to constitute any <br /> 5 <br />