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7D, Service Renewal with Xcel
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09-30-09-R
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7D, Service Renewal with Xcel
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Last modified
10/24/2024 9:47:58 AM
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12/1/2009 3:03:56 PM
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Service Renewal with Xcel
General - Type
Service Renewal with Xcel
Date
9/30/2009
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Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and <br />character of the improvements, (ii) the Public Ways upon which the improvements are to be made, <br />(iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more <br />than one-Public Way is involved, the order in which the work is to proceed. The notice will be given <br />to Company a sufficient length of time, considering seasonal working conditions, in advance of the <br />actual commencement of the work to permit Company to make any additions, alterations or repairs <br />to its Gas Facilities the Company deems necessary. <br />3.6 Ma�p�pit� Inforr�riation. The Company must promptly provide complete and accurate <br />mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota <br />Ru1es Parts 7819.4000 and 7819.4100. <br />SECTION 4. RELOCATIONS. <br />4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part <br />7819.3100 and applicable City ordinances consistent with law. <br />4.2. Relocation in Public Grounds. City may requ,ire Company at Company's expense to <br />relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas <br />Facilities have become or will become a substantial impairment to the existing or proposed public <br />use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with <br />law. <br />4.3. Proiects with Federa,l Fundin�. Relocation, removal, or rearrangement of any <br />Company Gas Facilities made necessary because of the extension into or through City of a federally- <br />aided highway project shall be governed by the provisions of l�✓Iirinesota Statutes Section 161.46. <br />SECTION 5. I�I�TDEl��TIFICATION. <br />5.1. Indemnitv of Citv. Company shall indemnify and hold the City har��nless 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 ZXlays 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 Citv. 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 imtnunity otherwise available to the City. The Company, in <br />defending any action on behalf of the City, shall be entitled to assert in any action every defense or <br />imnzunity that the City could assert in its own behalf. This franchise agreement shall not be <br />4 <br />
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