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4.2 Relocation of Gas Facilities in Public rand. Except as mav be provided in Section 4.3. City may require ire omp any at Companv's expense to relocate or remove its Gas sect � � � Facilities . . . . s from Public Ground upon a finding bar City that the Gas Facilities have become or will, a substantial impairment to the existinor or proposed public use of the Public round. become � 4.3 Pro'ects with Federal >~undin Relocation. removal. or rearrangement of and,, Company Gas Facilities made necessary because of the extension i nra or thr'ou�h i�� of highway roject shall be governed by the provisions of llrnnesota statutes federally-aided � � �rant�d to Section 161.46, as supplemented or amended. It is understood that the right herein l� Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public way is vacated, improved or realigned because of a renewal or redevelopment plan which is financially subsidized in whole or in part by the Federal overrnnent or any agency a thereof, unless the reasonable Non-Betterment Costs of such y p relocation and the loss and expense resulting therefrom are first paid to ompanv.. but the i t V need pay d a those portions of such for which reimbursement to it is not available. No waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive scriptive right, or State or County permit. SECTION 5. INDEMNIFICATION. NIFI TION. demnit of it . Company shall indemnify, keep and hold the City free and �.1 In p harmless from any and all liability on account of injury to persons or damage to property 6 construction maintenance, repair inspection, the issuance of permits, or the occasioned by the � . operation of the has Facilities located on the Public ways and Public Grounds. The itv shall not be indemnified for losses or claims occasioned through its own negligence except far,losses out of or alleging the City's negligence as to the issuance of permits for. or or claims arising � � inspection of, Company's plans lans or work. The City shall not be 'indemnified if the injury or the performance in a roper manner of acts reasonably deemed hazardous damage results from p P uch performance is nevertheless less ordered or directed by City after notice of by company, ands p rri Company's determination. 5.2 Defense of I_i . In the event a suit is brought against the City under circumstances where this agreement to indenu fy applies, Company at its sole cost and expense shall defend the CitY in such suit if written notice thereof is promptly given to Company within ' ' an is not rjudiced by lack of such notice. If Company is required to a period wherein Comp y p . , defend it will thereafter have control of such litigation} but Company may not indemnify � d �w settle such litigation without the consent of the City, which consent shall not be unreasonably • n is not as to third parties, a waiver of any defense or immunity otherwise withheld. This section p • and Company,, in defending any action on behalf of the City sly all be available to the City; p y assert V an action every defense or immunity that the City could assert in its ow entitled to y behalf. 5