Ord. #77, Second Series - Electric Franchise Ord. - Connexus Energy

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SECTIONS. ............................. Company may t6n all trees and shrubs in the Public Grounds and Public Ways of City to the extent Comyany, fin and mairitenance of any Electric Facilities installed hereunder, provided that Company shall save the Citv- harmless from anv habihtv aisinLy therefirowv. -?-td %uhiect to ne-ruit nr I 0-0yXIM i 0-7rWaM I I$) 6.1 IndmEjU of Ujy. Company shall indemnify, keep and hold the City free 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 indemmnifi fi for losses or claims occasioned tbtcvx,#-, its own negligence exc alleging die City's negligence as to the issuance of permits for, or inspection of, Company's plans work. The City shall not be indemnified if the injury or damage results from the Performance in 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 circumstances where this agreement to in shall defieAid-tke-F in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is requited 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, which consent shall not be unreasonably withheld. 11is section is not, as to third patties, a waiver of any defense or immunity 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 immunity that the City could assert in its own behalf OX"114) I lei 1XQ 4 UJWX ILIC lut5 A;l Igo to and maintain such Electric Facilities, un�l the reasonL able cost of reloca e same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be -]L"Onts Lo up liable to Com for r6ilure to snecificgRv nreserve a r"qh -o" under Minnesota Statutes. Section YrAVIL"'. III M-0010) MCI T Ciry R 71TOT Public Way does not require relocation of Companys Electric Facilities, the vacation proceeding shall not be deemed to deprive Company of its tight to continue to use the tight -of -way of the former Public Way for its Electric Facilities installed prior to such order of vacation. 9