2011-06-22 CC Packet - Laserfiche WebLink

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2.8.11 Xcel Draft / Centerville version 04192011 vl City harmless from any liability arising therefrom, and subject to permit or other reasonable regularion by the City. In all instances, the Company shall trim trees in such a way so as to leave the trees with a symmetrical appearance or as the customer desires. SECTION 6. INDEMNIFICATION. 6.1 Indemniry of CitX. Company shall indexnnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of perniits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determuzation. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemrufy applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is prompdy given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City or its insurer, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or inununity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or urununity that the City could assert in it own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocarion are first paid to Company. In no case, however, shall City be liable to Compan�� for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. �ECTION 8. CH�NGE IN FORIvI OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the Ciry shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 17