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necessary for the construction or reconstruction of a Public way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided • re wire Company at Company's expense to relocate or remove its in Section 4.3, City may q p F Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have e a substantial impairment to the existing or proposed public use of the become or will become p Public Ground. 'ects with Federal Fundin . relocation, removal, or rearrangement of any 4.3 Pro of a Company Electric Facilities made necessary because of the extension into or through City federally-aided highway project shall be governed by the provisions of Minnesota Statutes, � Section l 1.4 , as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its facilities ' a is vacated "unproved or realigned because of a renewal its facilities when when a Public Way � F a Public may 1s � P vacated improved or realigned because of a renewal or redevelopment plan which is financial) subsidized in whole or in part by the Federal Govenunent or any agency thereof} unless the reasonable Non-Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No .waiver The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an casement or p rescriptive right, or Mate or County permit.. SECTION 5, TME TREMMING, Company may trim all trees and shrubs in the Public ways and Public Grounds of City • proper construction, operation, repair and maintenance of any Electric interfering with the p P Facilities installed �hereunder, provided that Company shall hold the City harmless from any � . . therefrom, and subject to permit or other reasonable regulation by the City. liability arising der � SECTION 0 INDEMNEWICATLOND . ndemni Company of i Corn an shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property by the constru } occasioned by maintenance, repair} inspection, the issuance of permits, or the F Facilities located on the Public ways and Public Grounds. The City operation of the Electric for 'fled for losses or claims occasioned through its own negligence except shall not be indemnified � units for ` ` out of or alleging the City's negligence as to the issuance of Pe , losses or claims arising g g plans or work. The City shall not be indemnified if the in aury or or inspection of? Company's p erformance in a roger manner of acts reasonably deemed hazardous damage results from the p p by Company, and such pe rfonnance is nevertheless ordered or directed by City after notice of Company's determination. 5