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u <br /> of a registrant} and if the vacation does not require the relocation of registrant's or permittee's <br /> facilities, the City shall reserve, to and for itself and all registrants having facilities in the <br /> vacated right-of-way, the right to install, maintain and operate any facilities in the vacated right- <br /> of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, <br /> inspecting, maintaining or repairing the same. <br /> ubd. 2. Relocation of Facilities. If the vacation requires the relocation of registrant's or <br /> perrnittee's facilities; and (i) if the vacation proceedings arc initiated by the registrant or <br /> ennittee, the registrant or pennittee trust pay the relocation costs; or (ii) if the vacation <br /> proceedings are initiated by the City, the registrant or permittee must pay the relocation costs <br /> unless otherwise agreed to by the City and the registrant or permittee; or (iii) if the vacation <br /> proceedings are initiated by a person or persons other than the registrant or permittee, such other <br /> person or persons trust pay the relocation costs. <br /> Sec* 707.28. In fition and Liability* <br /> By registering with the Director, or by accepting a permit under this Chapter, a registrant or <br /> permittee agrees as fellows: <br /> Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or the grant <br /> of a right-of-way permit, the City does not assume any liability (i) for injuries to persons, <br /> damage to property, or loss of service claims by parties other than the registrant or the City, or <br /> (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or <br /> operation of facilities by registrants or activities of registrants. <br /> Lion, A registrant or permittee shall indemnify, keep, and hold the City <br /> free and harmless from any and all liability on account of iniury to persons or damage to <br /> property occasioned by the issuance of permits or by the construction, maintenance, repair, <br /> inspection, or operation of registrant's or permitter}s facilities located in the right-of-way. <br /> The City shall not be indemnified for losses or claims occasioned through its own negligence <br /> except for losses or claims arising out of or alleging the local government units negligence as <br /> to the issuance of Fe rmits or inspections to ensure permit compliance. The City shall not be <br /> indemnified if the MJury or damage results from the performance m4' a proper manner of acts that <br /> the registrant or permittee reasonably believes will cause m' Jury or damage, and the performance <br /> is nevertheless ordered or directed by the City after receiving nonce of the registrants or <br /> permittee}s determination. <br /> Sued. 3. Defense, If a suit brought against the City under circumstances where the registrant <br /> or permittee is re uircd to indemnify, the registrant or permittee, at its sole cost and expense, <br /> shall defends the City in the suit if written notice of the suit is promptly given to the registrant <br /> or permittee within a period in which the registrant or permittee is not prejudiced by a lack <br /> P p <br /> or delay of notice. <br /> If the registrant or permittee is required to indemnify and defend, it shall thereafter have control <br /> g p <br /> 1g <br />