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<br />Subd. 6. Pre-Excavation Equipment Location. In addition to complying with the <br />requircmcnts of Minn. Stat. 99216D.01-.09 ("One Call Excavation Notice System") .. <br />before the start date of any Right-of-Way excavation, each registrant who has _ <br />equipment located in the area to be excavated shall mark the horizontal and <br />approximate vertical placement of all said equipment. Any registrant whose <br />equipment is less than twenty (20) inches below a concrete or asphalt surface shall <br />notify and work closely with the excavation contractor in an effort to establish the <br />exact location of its equipment and the best procedure for excavation. <br /> <br />Subd. 7. Damage to Other Equipment. When the City performs work in the Right- <br />of-Way and finds it necessary to maintain, support, or move a registrant's equipment <br />in order to protect it, the City shall notify the local representative as early as is <br />reasonably possible. The costs associated therewith will be billed to that registrant <br />and must be paid within thirty (30) days from the date of billing. <br /> <br />Each registrant shall be responsible for the cost of repairing any equipment in the <br />Right-of-Way which it or its equipment damages. Each registrant shall be responsible <br />for the cost of repairing any damage to the equipment of another registrant caused <br />during the City's response to an emergency occasioned by that registrant's <br />equipment. <br /> <br />Subd. 8. Right-of-Way Vacation <br /> <br />A. <br /> <br />If the City vacates a Right-of-Way which contains the equipment of a <br />registrant, and if the vacation does not require the relocation of registrant or e <br />permittee equipment, the City shall reserve, to and for itself and all registrants <br />having equipment in the vacated Right-of-Way, the right to install, maintain <br />and operate any equipment in the vacated Right-of-Way and to enter upon <br />such Right-of-Way at any time for the purpose of reconstructing, inspecting, <br />maintaining or repairing the same. <br /> <br />B. If the vacation requires the relocation of registrant or permittee equipment <br />and: (1) if the vacation proceedings are initiated by the registrant or permittee, <br />the registrant or permittee must pay the relocation costs; or (2) if the vacation <br />proceedings are initiated by the City, the registrant or permittee must pay the <br />relocation costs unless otherwise agreed to by the City and the registrant or <br />permittee; or (3) if the vacation proceedings are initiated by a person or <br />persons other than the registrant or permittee, such other person or persons <br />must pay the relocation costs. <br /> <br />Subd. 9. Indemnification and Liability <br /> <br />A. By reason of the acceptance of a registration or the grant of a Right-of-Way <br />permit, the City does not assume any liability: (1) for injuries to persons, <br />damage to property, or loss of service claims by parties other than the <br />registrant or the City; or (2) for claims or penalties of any sort resulting from .. <br />the installation, presence, maintenance, or operation of equipment by .. <br />registrants or activities or registrants. <br /> <br />360 - 20 <br />