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Attachment 2 92 effect until a new franchise is agreed upon, or until ninety (90) days after the City or the 93 Company serves written Notice to the other party of its intention to allow the franchise to 94 expire. However, in no event shall thisfranchise continue for more than one year after 95 expiration of the 20-year term set forth in Section 2.1. 96 97 SECTION 3. LOCATION, OTHER REGULATIONS. 98 99 3.1.Location of Facilities.Gas Facilities shall be located, constructed, and maintained 100 so as not to interfere with the safety and convenience of ordinary travel along and over 101 Public Ways and so as not to disrupt or interfere with the normal operation of any City 102 Utility Systempreviously installed therein. Gas Facilities may be located on Public Grounds 103 as determined by the City. The Company's construction, reconstruction, operation, repair, 104 maintenance, location and relocation of Gas Facilities shall be subject to other reasonable 105 regulations of the City consistent with authority granted the City to manage its Public Ways 106 and Public Grounds under state law, to the extent not inconsistent with a specific term of this 107 franchise. 108 109 3.2.Street Openings. The Company shall not open or disturb the surface of any Public 110 Way or Public Ground for any purpose without first having obtained a permit from the City, 111 if required by a separate ordinance, for which the City may impose a reasonable fee. 112 However, if City imposes a franchise fee under Section 8.1 of this franchise, City shall not 113 impose permit fees on the Company. Permit conditions imposed on the Company shall not 114 be more burdensome than those imposed on other utilities for similar facilities or work. The 115 Company may, however, open and disturb the surface of any Public Way or Public Ground 116 without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities; 117 and (ii) the Company gives telephone, email or similar notice to the City before 118 commencement of the emergency repair, if reasonably possible. Within two business days, 119 or as soon thereafter as reasonably possible, after commencing the repair, the Company shall 120 apply for any required permits and, subject to the terms of this Section 3.2,pay any required 121 fees. 122 123 3.3.Restoration.After undertaking any work requiring the opening of any Public Way, 124 the Company shall restore the Public Way in accordance with Minnesota Rules, part 125 7819.1100 and applicable City ordinances consistent with law. The Company shall restore 126 the Public Ground to as good a condition as formerly existed, and shall maintain any paved 127 surface in good condition for one yearthereafter. All work shall be completed as promptly 128 as weather permits, and if the Company shall not promptly perform and complete the work, 129 remove all dirt, rubbish, equipment and material, and put the Public Ground in the said 130 condition, the City shall have, after demand to the Company to cure and the passage of a 131 reasonable period of time following the demand, but not to exceed five days, the right to 132 make the restoration of the Public Ground at the expense of the Company. The Company 133 shall pay to the City the cost of such work done for or performed by the City. This remedy 134 shall be in addition to any other remedy available to the City for noncompliance with this 135 Section3.3. 136 RS160\\30\\1040203.v1 Qbhf!223!pg!74: