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-4- SECTION 7. Relocating. Subd. 1. Whenever the City shall grade, regrade or change the line of any street or public place or construct or reconstruct any public utility system therein and shall, in the proper exercise of its police power, and with due regard to seasonable working con- ditions, when necessary order the Company to relocate permanently its mains, services and other property located in said street or public place, the Company shall relocate its facilities at Its awn expense. The City shall give the Company reasonable notice of plans to grade, regrade or change the line of any street or public place or to con- struct or reconstruct any public utility system therein. Subd. 2. The Company shall be required to relocate its facilities— at its an expense where grade changes are made by the City for improved drainage or improved traffic conditions, provided, how- ever, if a subsequent relocation or relocations shall be ordered because of a grade change within ten (10) years from and after the first relocation, the City shall reimburse the Company for such non- betterment relocation expense which the Company may incur on a time and material basis. If subsequent relocations are required because of the extension of public utilities to previously unserved areas, the Company may be required to relocate at its own expense at any titre. Subd. 3. Any relocation, removal, or arrangement of any Company fac ilities made necessary because of the extension into or through the City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46 as supplemented or amended; and further it is expressly understood that the right herein granted to the Company is a valuable property right and the City shall not order the Company to remove or relocate its facilities without compensation when a street or public way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in all or in part by the federal government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to the Company. Subd. 4. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring the Company's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or re- construction of any public utility system. Subd. 5. Where the City orders the Company to relocate any of its facilities, the Company shall proceed with such relocation. If such relocation is done without an agreement first'being made as to who shall pay for the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be re- imbursed for such relocation costs, it shall notify the City within ten (10) days after receipt of such order.