Ord. #81, Second Series - Electric Franchise Ord. - NSP

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Company may trim all trees and shrubs m the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from. any liability arising therefrom, and subject to permit or other reasonable regulatiot by the City. MWO to 6.1 Endmni1y oLCkg. Company shall indemnify, keep and hold the CAty free am the construction, maintenance, repair, inspection, the issuance of permits, or the operation of Electric Facilities located in the Public Grounds and Public Ways. The City shall not be iindemnifi for losses or claims occasioned through its own negligence except for losses or claims arising out of alleging the City's negligence as to the issuance of permits for, or inspection of, Companys plans work. The City shall not be indemnified if the injury or damage results firom. the performance in L proper manner, of acts reasonably deemed hazardous by Company, and such performance nevertheless ordered or directed by City after notice of Company's determination. I 6.2 Defense of City. In the event a suit is brought against the City under circuinstan ' where this agreement to indenunfy applies, Company at its sole cost and expense shall defend the Cil in such suit if written notice thereof is promptly given to Company within a period wherein Compar. is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it thereafter have control of such litigation, but Company may not settle such litigation without consent of the City, which consent shall not be unreasonably withheld. This section is not, as to 1�ardes, a waiver of any defense or immunity otherwise available to the City and Cotmnpanyv], defending any action on behalf of the City, shall be entitled to assert in any action every defense iw-munity that the City could assert in its own behalf. 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 anyPublic 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 (kw.-voxP expense resulting frorn such relocation are first paid to Company. In no case, however, shall City be liable to Cornyano for failure to si�ye serve a 4h WO-111 under Minnesota Statutes Sec 160.29. OX Any change in the form of government of the City shall not affect the validity of this *tdinance. Any governmental unit succeeding the City shall, without the consent of CompanT, gucceed to all of therights and obligations of the City provided in this Ordinance. 9