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• • <br /> City of a federally aided highway project shall be governed by the <br /> provisions of Minnesota Statutes Section 161.46 as supplemented or <br /> amended; and further it is expressly understood that the right herein <br /> granted to the Company is a valuable property right and the City shall <br /> not order the Company to remove or relocate its facilities without comr <br /> pensation when a street or public way is vacated, improved or re-aligned <br /> because of a renewal or a redevelopment plan which is financially sub- <br /> sidized in whole or in part by the federal government or any agency <br /> thereof, unless the reasonable non-betterment costs of such relocations <br /> and the loss and expense resulting therefrom are first paid to the <br /> Company. <br /> Subd. 4. Nothing contained herein shall relieve any person, <br /> persons or corporations from liability arising out of the failure to <br /> exercise reasonable care to avoid injuring the Company's facilities while <br /> performing any work ccinected with grading, regrading or changing the line <br /> of any street or public place or with the construction or re-construction <br /> of any public utility system. <br /> Subd. 5. Where the City orders the Company to relocate any of <br /> its facilities, the Company shall proceed with such relocation. If such <br /> relocation is done without an agreement first being made as to who shall <br /> pay for the relocation cost, such relocation of the facilities by the <br /> Company shall not be construed as a waiver of its right to be reimbursed <br /> for the relocation cost. If the Company claims that it should be reimbursed <br /> for such relocation costs, it shall notify the City within ten (10) days <br /> after receipt of such order. <br /> SECTION 9. Notice to Company of Street Improvements. <br /> Subd. 1. The City shall give the Company reasonable written notice <br /> of plans for street improvements where paving or resurfacing of a permanent <br /> nature is involved, which notice shall contain the nature and character of <br /> the improvements, the streets upon which the improvements are to be made, <br /> the extent of the improvements and the time when the City anticipates that <br /> it or its contractor is going to start the work and, if more than one street <br /> is involved, the order in which this work is to proceed. Paving or re- <br /> surfacing of a permanent nature refers only to portland cement concrete or <br /> high type bituminous. <br /> Subd. 2. The notice shall be given to the Company a sufficient <br /> length of time, considering seasonable working conditions, in advance of <br /> the actual commencement of the work to permit the Company to make any <br /> additions, alterations or repairs to its facilities deemed necessary:by <br /> it and the Company assumes full responsibility for liability associated with <br /> its maintenance and repair activities. <br /> Sub& 3. In cases where streets are at final width and grade, the <br /> City has alins led underground public utility mains and service connections <br /> to the property line abutting the streets prior to a permanent paving or <br /> resurfacing of such streets, and the Company's electric distribution feeder <br /> line is located under such paved surface of the street, the Company shall be <br /> -4- <br />