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II/ • <br /> required to take such action as is necessary prior to such paving or <br /> resurfacing so it need not disturb the street surface for new customer <br /> connections off of said electric distribution feeder line, whenever it can <br /> reasonably be expected that electric service to new premises abutting such <br /> streets will be required during the five years following the paving or <br /> resurfacing. <br /> Subd. 4. Once notice has been given by the City to the Company <br /> in accord with this section, the City may modify its plans. The Company <br /> shall make reasonable inquiry to ascertain the status of previously announced <br /> City plans. <br /> SECTION 10. Location of Facilities. <br /> Subd. 1. All lines, services, transformers and other property and <br /> facilities shall be so located, constructed, installed and maintained as <br /> not to endanger or unnecessarily interfere with the usual and customary <br /> trade, traffic, travel upon and use of the streets and public places of the <br /> City. The Company shall keep and maintain all of its property in good <br /> conditions, order and repair, so that the sane shall not menace or endanger <br /> the life or property of any person. <br /> Subd. 2. The Company shall provide field locations for all its <br /> underground facilities when requested within a reasonable period of time. <br /> The period of time will be considered reasonable if it compares favorably <br /> with the average time required by the cities in Ramsey County to locate <br /> municipal underground facilities for the Company. <br /> SECTION 11. Indemnification. <br /> The Company shall indemnify, keep and hold the City free and <br /> harmless from any and all liability on account of injury to persons or <br /> damage to property occasioned by the construction, maintenance, repair or <br /> operation of the Company's electric facilities located in, on, over, under, <br /> or across the streets and public places of the City, unless such injury or <br /> damage grows out of the negligence of the City, its employees, or agents, <br /> or results from the performance in a proper manner of acts reasonably deemed <br /> hazardous by the Company, but such performance is nevertheless ordered or <br /> directed by the City after notice of the Company's determination. In the <br /> event the suit shall be brought against the City under circumstances where <br /> the above agreement to indemnify applies, the Company, at its sole cost and <br /> expense shall defend the City in such suit if written notice thereof is <br /> promptly given to the Company within a period wherein the Company is not <br /> prejudiced by lack of such notices. If such notice is not reasonably <br /> given as hereinbefore provided, the Company shall have no duty to indemnify <br /> nor defend. If the Company is required to indemnify and defend, it will <br /> thereafter have complete control of such litigation, but the Company may <br /> not settle such litigation without the consent of the City, which consent <br /> shall not be unreasonably withheld. <br /> -5- <br />