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3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to <br /> prevent the Gas Facilities from causing damage to persons or property. The Company must take <br /> reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas <br /> Facilities by persons,property, or the elements. Per Minnesota Statute 216D.05,the City must take <br /> protective measures when it performs work near the Gas Facilities. <br /> 3.5. Notice of Improvements to Streets. Notice of upcoming projects will be given in <br /> accordance with Minnesota Statutes,Chapter 216D. <br /> 3.6 Mapping Information. If requested by City, the Company must promptly provide <br /> complete and accurate mapping information for any of its Gas Facilities in accordance with the <br /> requirements of Minnesota Rules 7819.4000, 7819.4100 and Minnesota Statutes, Chapter 216D.. <br /> 3.7. Emergency Response. As emergency first-responders, when a public safety <br /> concern exists both the City and Company shall respond to gas emergencies within the City without <br /> additional direct fee or expense to either City or Company. <br /> SECTION 4. RELOCATIONS. <br /> 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall <br /> comply with the provisions of Minnesota Rules 7819.3100, with respect to requests for the <br /> Company to relocate Gas Facilities located in either Public Ways or Public Grounds. <br /> 4.2. Proiects with Federal Funding. 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 project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46. <br /> SECTION 5. INDEMNIFICATION. <br /> 5.1. Indemnity of City. 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 or otherwise wrongful act or omission <br /> except for losses or claims arising out of or alleging the City's negligence as to the issuance of <br /> permits for, or inspection of, Company's plans or work. <br /> 5.2. 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 <br /> defend, it will thereafter have control of such litigation, but Company may not settle such litigation <br /> without the consent of the City, which consent shall not be unreasonably withheld. This section is <br /> not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The <br /> Company, in defending any action on behalf of the City, shall be entitled to assert in any action <br /> every defense or immunity that the City could assert in its own behalf. This Franchise agreement <br /> Franchise Ordinance for Centerville—CenterPoint Energy version 12152015 <br /> 4 1 P a g e <br /> 77 <br />