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6.2 • <br /> Defense of 1 the event a suit is brought against the pity under <br /> • � a lies, Company at its sole cost and expense <br /> ' nces where this agreement to �nde �� <br /> c�rcurnsta <br /> • '�� thereof is promptly given to �tn�at�y within <br /> fend the 1 in such suit 1f written notice 1 <br /> shall �� City f such notice. if Company is required to <br /> herein Company is not prejudiced by lack o <br /> � period �r � ��` such liti anon, but Company may not <br /> and defend# it ill thereafter have control indemnify a within the consent of t which consent shall not be unreasonably <br /> settle it litigation the City, <br /> parties, a waiver of any defense or immunity otherwise <br /> withheld. This section is note as to third part � �� <br /> defending an action on 'behalf of the City shall <br /> available to the pity; and Cornpany, in � � y <br /> i �� defense or immunity that �e qty could assert in its own <br /> entitled to assert In any action <br /> behalf. <br /> SECTION t VACATION of PUBLIC WAYS. <br /> • least two weeks riot written notice of a proposed <br /> The � shall give company at lea � <br /> ' it improvement project, the vacation <br /> public a Except where required for a y � <br /> vacation of a ' ' ides shall not crate to deprive <br /> Way, after the installation of Electric Facilities,of any Public y,ht to operate and maintain such Electric Facilities until the reasonable cost <br /> of its right� <br /> • erase resulting from such relocation are first paid to <br /> of relocating �e same and �e loss and exp � . <br /> i he liable to Company for failure to specifically <br /> Company. In no case, however, shall City . <br /> Statutes, section 160.29. <br /> reserve a right-of-way under Minnesota <br /> SECTION 8. CHANGE <br /> of G0vERNMENTG <br /> ent of the City shall not affect the validity of this <br /> Any change in the form of ��v e rnni <br /> ucceedin the City shall, without the consent of Company, <br /> Ordinance. Any governrnental units � <br /> ' d obligations of the City provided in this ordinance. <br /> succeed to all of the rights an <br /> SECTION 9, HIE FEE. <br /> • the term of the franchise hereby granted, and in lieu <br /> .1 eparaterdnance. ur�ng i n a <br /> imposed on Company, the City may impose on Company of any permit or other fees being �tnp as hereinafter <br /> than four percent of Company"s Gross Revenues <br /> franchise fee of not more 1 the City <br /> e shall he imposed by a separate ordinance duly adopted h y <br /> defined. The franchise fee p after written notice <br /> shall not be adopted until. at least 60 days <br /> council, lurch ordinance b certified mail. The fee <br /> proposed ordinance has been served upon Company y <br /> enclosing such ��' � notice enclosing such adopted <br /> effective until at least 6o days after written � <br /> shall not become a il. ect�on .� shall constitute the sole <br /> ordinance has been served upon Company by certified ma <br /> • i n and e i in regard to the interpretation of, <br /> solving disputes between Company remedy for � F � - b the 1 to implement a separate <br /> f the separate ordinance. No action y City or enforcement � � � A in <br /> separate ordinance which imposes commence until this Ordinance is effective. <br /> orduiance �r�1 <br /> anchise fee on the residential class of customers than on other classifications of <br /> a lesser fr <br /> c ustomers shall not be effective against Company. <br /> Terms defined. For the purpose of this Section 9, the following definitions apply: <br /> 6 <br />