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Facilities from Pub upon a Public Ground u finding by City that the Gas Facilities have become or will � � � become a substantial "impairment to the existing or proposed public use of the Public Ground. Pro+ects with Federal Fundin Relocation, removal, or rearrangement of any Company has Facilities made necessary because of the extension into or through City of a highway project shall be governed by the provisions of Minnesota Statutes., federally-aided g � 1� ,] Section 161-46, as supplemented lemented or amended. it is understood that the right herein granted to Company is a valuable right.*ht shall not order Company to remove or relocate its Gas g y i facilities when a Public wa y is vacated, unproved or realigned because of a renewal its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financiall subsidised in whole or in part by the Federal Government or any l� y agency thereof, runless the reasonable Ikon-Betterment Costs of such relocation and the loss and expense nse result' therefrom are first paid to Company, but the City need not pay those portions F of such for which reimbursement to it is not available. No waiver. The provisions of Section 4 apply only to Gas Facilities constructs in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or Mate or County permit,, SECTION 5, INDENNWICATION, ern.ni of City-. Company shall indemnify, beep and hold the City free and ��1 Iad P harmless from an and all liability on account of injury to person or damage to property occasioned by th e construction maintenance, repair, inspection, the issuance of permits, or the operation of the has Facilities located on the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims-occasioned through its own negligence except for losses or claws an"sing alleging out of or alle in the City's negligence as to the issuance of permits for, or ` Company's lans or work. Vile City shall not be indemnified 1f the injury o inspection of, p daunage results from the rfon ance in a propel` manner of acts reasonably deemed hazardous such performance is nevertheless ordered or directed bar ity after notice of by Company, ands Company's deterrnination. 5.2 Defense City.i , In the event a suit is brought against the City under circunn �es where this agreement to indemnify applies, Company at its sole cost and expense shall defend the arty in such suit if written notice thereof is promptly given to Company-within ' an is not prejudice* d by lacy of such notice. If Company is required to a period wherein Company ` and defend it will thereafter have control of such litigation, but Company may not indemnify a settle such litigation within the consent of the City, which consent shall not be unreasonably ' not as to third parties, a waiver of any defense or immunity otherwise withheld. This section� a p ' and Company, in defending any action on-behalf of the City shall be available �� the � � entitled to assert action every defense or immunity that the City could assert in its own in any behalf,