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6.1 1ndQmnit free a, 3: of C4. Company shafi indemnity, keep and hold the City firee <br />the construction, maintenance, repair, inspection, the issuance of permits, or die operation of tthe G <br />t <br />'I <br />he <br />ss Facilities located in the Public Grounds and Public Ways. The City shall. not be indemnified for 10 <br />or claims occasioned through its own negligence except for losses or claims arising out of or 0 <br />the City's negligence as to the issuance of permits for, or inspection of, Compan�s plans or work. <br />a ?Y i #Iur <br />of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered <br />directed by City after notice of Compan�s determination. <br />Bill <br />)W--,VV:C"1CAXr1 L-0--Lmc��Y—APPLC6r-115C SAMIL CUM& JLL <br />ic such suit if written notice thereof is promptly given to Company within a period wherein Comp <br />is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it <br />c) <br />thereafter have control of such litigation, but Company may not settle such litigation without <br />consent of the City, which consent shall not be un easonably withheld. This section is not, as to <br />'I mv_ <br />F-arties, a waiver of any defense or immunity otherwise available to the City and Company, V <br />defending any action on behalf of the City shall be entitled to assert in any action every defense <br />immunity that the CAty could assert in its own behalf. i <br />1he City shall give Company at least two weeks prior written notice of a proposed vacation of <br />a Public Way. Except where required for a City improvement project, the vacation of any Public Way, <br />after the installation of Gas Facilities, shall not operate to deprive Company of its tights to operate and <br />maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense <br />resulting from such relocation are first paid to Company. In no case, however, shall City be liable to <br />Company for failure to specificaIly preserve a tight -of -way under Minnesota Statutes, Section 160.29. <br />Any change in the form of government of the City shall. not affect the validity of thiz <br />*rdinance. Any governmental unit succeeding the City shall, without the consent of Company, <br />gucceed to all of the tights and obligations of the City provided in this Ordinance. <br />SECTION 9. J..'RAN'CI-I1SE FEE. <br />9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of I <br />, <br />permit or other fees being imposed on the Company, the City may impose on the Company <br />franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinan <br />from each customer in the designated Company Customer Class. The parties have agreed that <br />Tli <br />exceed the following amounts: <br />WJ <br />