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action in mosey County District Court to interpret and enforce this franchise or for such other <br /> relief as may be permitted by law or equity for breach of contract, or either party may take any <br /> other action permitted by lair. <br /> SECTION . LOCATION. OTHER REGULATION& <br /> 3.1 Location of Facilities. Gas Facilities shall located, constructed, installed and <br /> maintained so as not to interfere with the safety and convenience of ordinary travel along and <br /> over Public Ways and so as not to disrupt normal operation of any City Utility System <br /> previously installed herein. Gas Facilities shall be located on Public Grounds as determined by <br /> the City. Company's construction, reconstruction, operation, repair, maintenance and location <br /> of Gas Facilities shall be subject to other reasonable regulations of the City to the extent not <br /> inconsistent with the terms of this franchise agreement. <br /> 3.2 Field Locations. Company shall provide field locations for its underground Gas <br /> Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. <br /> 3.3 Street ODe nln s. Company shall not open or disturb any Public way or Public <br /> Ground for any purpose without first having obtained a permit from the City, if required by a <br /> separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed <br /> on Company shall not be more burdensome than those imposed on other utilities for similar <br /> p y Ground <br /> facilities or work. Company may,} however, open and disturb any Public Way or Public rou <br /> without permission from the City where an emergency exists requiring the immediate repair of <br /> Gas Facilities. to such event Company shall notify the City by telephone to the office designated <br /> by the City as soon as practicable. Not later than the second working day thereafter, Company <br /> shall obtain any required permits and pay any required fees. <br /> 3.4 restoration. After undertaking any work requiring the opening of any Public Way <br /> or Public Ground, Company shall restore the same, including paging its foundation, to as good <br /> a condition as formerly existed, and shall maintain any paved surface in good condition for two <br /> years thereafter. The work shall be completed as promptly as weather permits, and if Company <br /> shall not rorn tl perform.and complete the work, remove all dirt, rubbish, equipment and <br /> p y 'p <br /> material put ut the Public Way or Public Ground in the said condition, the City shall have, <br /> after demand to Company to cure and the passage of a reasonable period of time following the <br /> p y <br /> dema nd but not to exceed five days, the right to make the restoration at the expense of <br /> Company. om an shall pay to the City the cost of such work done for or performed by the <br /> including its administrative expense and overhead, plus ten percent additional as liquidated <br /> City, <br /> damages. This remedy shall be in addition to any other remedy available to the City for <br /> noncompliance with this Section 3.4, but the City hereby waives any requirement for Company <br /> to post rn <br /> ost a construction erfonance bond, certificate of insurance, letter of credit or any other <br /> a <br /> form of security or assurance that may be required, under a separate existing or future ordinance <br /> of the City, of a P erson or entity obtaining the City's permission to install, replace or maintain <br /> facilities in a Public Way. <br /> 3 <br />