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Attachment 2 137 3.4.Avoid Damage to Gas Facilities.The Company must take reasonable measures in 138 accordance with state law and rule to prevent the Gas Facilities from causing damage to 139 persons or property. The Company must take reasonable measures to protect the Gas 140 Facilities from damage that could be inflicted on the Facilities by persons, property, or the 141 elements. The Company must take protective measures when the City performs work near 142 the Gas Facilities, if given reasonable notice by the City of such work prior to its 143 commencement. Nothing in this Ordinance relieves any person, including Company, from 144 liability arising out of the failure to exercise reasonable care to avoid damaging Gas 145 Facilities while performing any activity. 146 147 3.5.Notice of Improvements to Streets.The City mustgive the Company reasonable 148 writtenNotice of plans for improvements to Public Ways or Public Grounds wherethe City 149 has reason to believe that Gas Facilities may affect or be affected by the improvement. The 150 notice mustcontain: (i) the nature and character of the improvements, (ii) the Public Ways 151 or Public Grounds upon which the improvements are to be made, (iii) the extent of the 152 improvements, (iv) the time when the City will start the work, and (v) if more than one 153 Public Wayor Public Groundis involved, the order in which the work is to proceed. The 154 notice will be given to the Company a sufficient length of time, considering seasonal 155 working conditions, in advance of the actual commencement of the work to permit the 156 Company to make any additions, alterations or repairs to its Gas Facilities the Company 157 deems necessary. 158 159 3.6 Mapping Information. The Company must promptly provide complete a mapping 160 information for any of its Gas Facilities in accordance with the requirements of Minnesota 161 Rules, parts 7819.4000 and 7819.4100.Any mapping information so provided shall be 162 treated as protected nonpublic data, not public data, trade secret information and security 163 information, as is protected from public or unauthorized disclosure to the extent such 164 protection is consistent with the Government Data Practices Act, Minn. Stat. §13 or rule. 165 166 3.7. Field Locations. Company shall provide field locations for its underground Gas 167 Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 168 216D. 169 170 SECTION 4. RELOCATIONS. 171 172 4.1.Relocation in Public Ways.The Company shall comply with Minnesota Rules, part 173 7819.3100 and applicable City ordinances consistent with law. If a relocationis ordered by 174 the City within five years of a prior relocation of the same Gas Facilities which was made at 175 Company expense, the City shall reimburse Company for non-betterment costson a time 176 and material basis, provided that if a subsequent relocation is required because of the 177 extension of a City Utility System to a previously unserved area, Company may be required 178 to make the subsequent relocation at its expense. . 179 180 4.2.Relocation in Public Grounds.The City may require the Company at the 181 Company’s expense to relocate or remove its Gas Facilities from Public Ground upon a 182 finding by the City that the Gas Facilities have become or will become a substantial RS160\\30\\1040203.v1 Qbhf!224!pg!74: