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of a registrant, and if the vacation does not require the relocation of registrant's or permittee}s <br /> facilities, <br /> e i shall reserve, to and for itself and all registrants having facilities in the <br /> right-of-way, the right to install, maintain and operate any facilities in the vacated right- <br /> of-way vacated r�gh �, � <br /> enter upon such right-of-way at any time for the purpose of reconstructing, <br /> and to p g <br /> inspecting} maintaining or repairing the same. <br /> Subd, 2, Relocation of Facilities. if the ;,vacation requires the relocation of registrant's or <br /> e's facilities; and (i) if the vacation proceedings are initiated by the registrant or <br /> perltte �e the re istrant or ermittee must pay the relocation costs; or (ii) if the vacation <br /> permittee,� � � <br /> proceedings are initiated b the City, the registrant or permittee must pay the relocation costs <br /> unless owe g by agreed to b the City and the registrant or perrnittee; or (iii) if the vacation <br /> proceedings are initiated b y a person or person other than the registrant or permittee, such other <br /> person or persons roust pay the relocation costs. <br /> Sec. 707,28, Indemm"fication and Liability. <br /> By registering with the Director, or by accepting a permit under this Chapter, a registrant or <br /> permittee agrees as follows: <br /> Unitation of Liability. By reason of the acceptance of a registration or the grant <br /> of a right-of-way-ri ht of wa permit, the City does not assume any liability (i) for injuries to persons, <br /> damage top petty <br /> property, or loss of service clahns by parties other Chart 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 /> . uhf. 2. In de Wi re g- <br /> fication. , istrani or permittee shall indemnify, keep} and bold the City <br /> harmless from an and all liability on account of injury to person or damage to <br /> free and hart�� Y . <br /> occasioned by the issuance of pern:tits or by the construction, maintenance, repair, <br /> property . . the right-of-way. <br /> ection or o ration of registrant's or permittee s facilities located 1n <br /> inspection, <br /> . <br /> The City shall not <br /> be indemnified f6r losses or claims occasioned through its own negligence <br /> except for losses or claims arising <br /> or ins out of or alleging the local government unit's negligence as <br /> to the issuance of per inspections ections to ensure permit compliance; The City shall not be <br /> .1 W or damage results from the performance in a proper manner of acts that <br /> indemnified if the Miu.ry g <br /> permittee reasonably believes will cause injury or damage, and the performance <br /> the registrant or p y <br /> • directed b the i after` receiving notice of the registrant's or <br /> is nevertheless ordered or y City <br /> F.errnittee's determination. <br /> uhfA. Defense. If g <br /> a suit brought against the City under circumstances where the registrar <br /> _ g <br /> required to inderiini , the registrant or permittee, at its sole cost and expense <br /> or penn�tt�ee 1s red _ <br /> i in the suit if written notice of the suit is promptly given to the registrant. <br /> shall defend the City _ <br /> '� iod in which the registrant or permittee is not prejudiced by the lack <br /> or permittee w xth�n a per g <br /> or delay of notice. <br /> ittee is required to indemnify and defend,, it shall thereafter have control <br /> �f the.registrant or perm � <br /> 1g <br />