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Facilities from Public Ground upon a 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. 4.3 Projects with Federal Fundin . relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a P y federall y �-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, 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 Gas F y facilities when a Public way is vacated, improved or realigned because of a renewal its facilities when a Public Way is vacated, unproved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in hart by the Federal Government or any age nc y thereof, unless the reasonable lion-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 Gas Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. SECTION 5, INDEMNIUCATION. 5.1 lndemni of C i . Company shall indemnify, keep and hold the City free an harmless from any and all liability on account of injury to persons or damage to property occasioned b the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located on the Public Nays and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits fora or ins ection of, Company's plans or work. The City shall not be indemnified if the injury or P p results from the performance in a proper manner of acts reasonably deemed hazardous ,damage P om anY and such erforn�ance is nevertheless ordered or directed by City after notice of by Company,� p Company 1)s dete nnination. 5.2 Defense of Citv In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within period wherein one an is not prejudiced by lack of such notice. If Company is required to a�per1 F y . , t indemnify and defend, it will thereafter have control of such litigation, but Company may no settle such litigation within the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise le to the i • and Company, in defending any action on behalf of the City shall be available � p . entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 5