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Attachment 1 258 6.3. Defense of City. In the event a suit is brought against the City under circumstances 259 where this agreement to indemnify applies, the Company at its sole cost and expense shall 260 defend the City in such suit if written notice thereof is promptly given to the Company 261 within a period wherein the Company is not prejudiced by lack of such notice. If the 262 Company is required to indemnify and defend, it will thereafter have control of such 263 litigation, but the Company may not settle such litigation without the consent of the City, 264 which consent shall not be unreasonably withheld. This section is not, as to third parties, a 265 waiver of any defense or immunity otherwise available to the City. The Company, in 266 defending any action on behalf of the City shall be entitled to assert in any action every 267 defense or immunity that the City could assert on its own behalf. This franchise agreement 268 shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity 269 or limitations on liability under Minnesota Statutes, Chapter 466. 270 271 SECTION 7. VACATION OF PUBLIC WAYS. 272 273 The City shall give the Company at least two weeks prior written notice of a proposed 274 vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 275 part 7819.3200 and applicable ordinances consistent with law. Except where required for a 276 City improvement project, the vacation of any Public Way, after the installation of Electric 277 Facilities, shall not operate to deprive Company of its rights to operate and maintain such 278 Electric Facilities, until the reasonable cost of relocating the same and the loss and expense 279 resulting from such relocation are first paid to Company. 280 281 SECTION 8. ABANDONED FACILITIES. 282 283 The Company shall comply with City ordinances, Minnesota Statutes, Sections 216D.01 284 et seq. and Minnesota Rules, part 7819.3300, as they may be amended from time to time. 285 The Company shall maintain records describing the exact location of all abandoned and 286 retired Facilities within the City, produce such records at the City’s request and comply 287 with the location requirements of Section 216D.04 with respect to all Facilities, including 288 abandoned and retired Facilities. The Company may abandon underground Electric Facilities 289 in place, provided at the City’s request, Company will remove abandoned Electric Facilities 290 interfering with a City improvement project. 291 292 SECTION 9. CHANGE IN FORM OF GOVERNMENT. 293 294 Any change in the form of government of the City shall not affect the validity of this 295 Ordinance. Any governmental unit succeeding the City shall, without the consent of 296 Company, succeed to all of the rights and obligations of the City provided in this 297 Ordinance. 298 299 SECTION 10. FRANCHISE FEE. 300 Qbhf!216!pg!74: