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I <br />required to take such action aE. iLL3 necessE_Y . prior to such caving or <br />resurfacing so it need not di; tlarb the str&2t surface for new custo-rer <br />connections off of said electric distr. ibuticn fee -der line, whenever it can <br />reasonably be expected that electric service to new premises abutting such <br />streets will be re ai red during the .five years follux7ing the paving or <br />resurfacing. <br />Subd. 4. Once notice has beery given by the City to the Company <br />in accord with this section, the City r,-ay modify its plans. The Company <br />shall make reasonable inquiry to ascertain the status of previously announced <br />City plans. <br />SEC'HON 10. Location of Facilities. <br />Subd.. 1. All lines, services, transforms 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 rraintain all of its property in good <br />conditions, order and repair, so that the same 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 timm: will be considered reasonable if it compares favorably <br />with the average time required by the cities in Par.Lsey County to locate <br />municipal underground facilities for the Company. <br />SEMCN 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 Compauny's electric facilities located in, on, over, under, <br />or across the streL':s and public: places of the City, unless such injury or <br />damage gra-is 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 CoWany, 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 c,rritten notice thereof is <br />prc-rmtly given to the Company witl, i n a, period wherein -`he 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 c ntrol 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 />