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necessa•v for the construction or reconstruction of -t Public W av or City Utiliry `vstem or <br /> city improvement. <br /> Relocation of Electric Facilities in Public Ground. Except as rah,. provided <br /> in Section 4.3 City may require Cornpanv at ompanv's expense to relocate or remove its <br /> Facilities from Public Ground upon a finding by City that the Electric Facilities hn' <br /> Electric . <br /> became or <br /> will became a substantial impairment to the existing or proposed public use of the <br /> Public Ground. <br /> Pro'ects with Federal Fundin . Relocation. removal., or rearrangement of any <br /> ilitie s made necessary because of the extension n into or through City Of JLi <br /> Company E lectric Fac <br /> ed highway ro`ect shall be governed by the provisions of Minnesota Statutes <br /> f ederallyl aid � Y 1� .� .� � � ted to <br /> n l . as supplemented or amended. It is understood that the r �ht herein �ran <br /> Section � Fp <br /> ' <br /> luble ri ht. fit shall not order Company to remove car relocate its facilities <br /> Company is a v a� <br /> a <br /> Public Way is vacated, improved or realigned because of a renewal or redevelopment <br /> when a Pub � p <br /> plan <br /> which is financially subsidized in whole or in part by the Federal Government or any <br /> agency thereof, unless the reasonable lion-Betterment Costs of such relocation and the loss and <br /> expense res <br /> ulti ig therefronn are first paid to Company, but the it � need not pa � those p� rtic�r <br /> of such for which reimbursement to it is not available. <br /> fiver'. The provisions of Section 4 apply on1v to Electric Facilities <br /> 4.4 o wa p <br /> i reliance on a franchise and Company does not waive its rights under tin ;iser�ieilt <br /> constructed n <br /> or p rescriptive right, or State or County permit. <br /> SECTION , TREE TRIMMING. <br /> Company may trim <br /> all trees and shrubs in the Public Ways and Public Grounds of City <br /> • proper construction% operation, repair and maintenance of any Electric <br /> interfering with the p p <br /> • hereunder, pro that Company shall hold the City harmless from any <br /> Facilities installed } p the it �, <br /> from and subject to permit or other reasonable regulation by 1 <br /> liability arising therefrom, J <br /> SECTION 6, LNDEMNIFICATION, <br /> ,1 Indemnity of Company it V. Cony an shall indemnify, beep and hold the City free and <br /> any harmless from and all liability on account of injury to persons or darnage to property <br /> occasioned by the construct ion, maintenance, repair, inspection, the issuance of permits, or the <br /> • <br /> operation of the Electric Facilities` 'ties located on the Public ways and Public Grounds. The City, <br /> shall not be indemnified losses or claims occasioned through its own negligence except for <br /> �fied far <br /> • arising f or alleging the City's negligence as to the issuance of permits for, <br /> lasses or claims arts ing gut a g g <br /> fans or work, The ity shall not be indemnified if the injury o r <br /> rn <br /> or inspection of, Company s P <br /> damage results from the performance in a proper manner of acts reasonably deemed hazardous <br /> by Company, and such performance is nevertheless ordered or directed by City after notice of <br /> Company's determination. <br /> 5 <br />