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inconsistent with the terms of this franchise agreement. Company may abandon underground LIM <br />"61 W6 1i _ 1 reolig, Cgutv?,Tv will reg& -fret.91 nine--'-tteir eri <br />-1U col CX 2wu U(L-M q— Pr'#'JeLL� APkL V1-LJ T-91 ALIC CAEC-Ul S11-C-K AA1C--rA PIPC N )-U "O�Lr 01 C fa <br />part of the City's improvement project. 'i <br />a I Or -Mel 11CR VWFFA all <br />3.3 Street Qpmingg. Company shall. not open or disturb any Public Ground or Pub <br />Way for any purpose without first having obtained a permit from the City, if required by a separma <br />ordinance, for which the CAty may impose a reasonable fee. Permit conditions imposed on Comp <br />,epara <br />)mp <br />shall not be more burdensome than those imposed on other utilities for similar facilities or wor )r <br />C "m owrever, (Ycen and disturb Public Ground or Pi <br />the City where an emergency exists requiring the immediate repair of Gas Facilities. In such vei <br />Not later thati the second working day thereafter, Company shall obtain anyrequired permits and pqv <br />any required fees. I <br />3.4 Restoration. After underL,&ing any work requiring the opening of any Public Ground <br />or Public Way, Company shall restore the same, including paving and its foundation, to as good a <br />condition as formerly existed in accordance with Minnesota Rules, 7819.1100, and shall maintain any <br />paved surface in good condition for two years thereafter. The work shall be completed as promptly as <br />weather �r .,ermits. and if ComC,=T, shall not►rom P-13accerform. and co_nyo-lete the worN! remove all dirt <br />rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the <br />City shall have, after demand to Company to cure and the passage of a reasonable period of time <br />following the demand, but not to exceed five days, the right to make the restoration at the expense of <br />Company. Company shall pay to the City the cost of such work done for or performed by the City. <br />This remedy shall be in addition to any other remedy available to the City for noncompliance with this <br />Section 3.4, but the City hereby waives any requirement for Company to post a construction <br />performance bond, certificate of insurance, letter of credit or any other form of security or assurance <br />that may be required, under a separate existing or future ordinance of the City, of a person or entity <br />obtaining the City's permission to install, replace or maintain facilities in a Public War. <br />3.5 Avoid Damagg to Gas Facilities. Nothing in fl-ds Ordinance relieves any person frolm <br />liability arising out of the fOure to exercise reasonable care to avoid dani*ng Gas Facilities whi <br />performing any activity. <br />3.6 Notice of !Wrovements. The City must give Companyreasonable notice of plans for <br />improvements to Public Grounds or Public Ways where the City has reason to believe that Gas <br />Facilities may affect or be affected by the improvement. The notice must contain: (1) the nature and <br />character of the improvements, (n) the Public Grounds and Public Ways upon which the <br />improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will <br />start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which <br />the work is to proceed. The notice must be given to Company a sufficient length of time in advance of <br />vmkdll,-Kld�-� Vir"-w-t <br />or repairs to its Gas Facilities. In all other respects, the city Will give reasonable notice of upcoming <br />projects in accordance with Minnesota Statute 216D. <br />0 <br />