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Attachment 2 183 impairment to the existing or proposed public use of the Public Ground. Relocation shall 184 comply with applicable city ordinances consistent with law. 185 186 4.3.Projects with Federal Funding.City shall not order Company to remove or 187 relocate its GasFacilities when a Public Way is vacated, improved or realigned for a right- 188 of-way project or any other project which is financially subsidized in whole or in part by the 189 Federal Government or any agency thereof, unless the reasonable non-betterment costs of 190 such relocation are first paid to Company. The City is obligated to pay Company only for 191 those portions of its relocation costs for which City has received federal funding specifically 192 allocated for relocation costs in the amount requested by the Company, which allocated 193 funding the City shall specifically request. Relocation, removal, or rearrangement of any 194 Company Gas Facilities made necessary because of the extension into or through the City of 195 a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, 196 Section 161.46, as supplemented or amended. 197 198 4.4 No Waiver.The provisions of this franchise apply only to facilities constructed in 199 reliance on a franchise from the City and shall not be construed to waive or modify any 200 rights obtained by Company for installations within a Company right-of-way acquired by 201 easement or prescriptive right before the applicable Public Ground or Public Way was 202 established, or Company's rights under state or county permit. 203 204 SECTION 5. INSURANCE AND INDEMNIFICATION. 205 206 5.1.Insurance. The Company is required to maintain Commercial General Liability 207 Insurance on an occurrence basis protecting it from claims for damages for bodily injury, 208 including death, and for claims for property damage, which may arise from operations under 209 this Ordinance. Insurance minimum limits are as follows: 210 211 $2,000,000 – per occurrence 212 $4,000,000 – annual aggregate 213 214 The following coverages shall be included: Premises and Operations Bodily Injury and 215 Property Damage; Personal and Advertising Injury Blanket Contractual Liability and 216 Products and Completed Operations Liability. 217 218 The City must be endorsed as an Additional Insured. 219 220 With the City’s consent, which shall not be unreasonably withheld, the Company shall have 221 the option of providing a program of self-insurance to meet its obligation under this 222 Ordinance. In such event, the Company shall submit to the city a Certificate of Self- 223 Insurance or other documents showing proof of its financial responsibility. 224 225 5.2.Indemnity of City.The Company shall indemnify and hold the City harmless from 226 any and all liability, on account of injury to persons or damage to property occasioned by 227 the construction, maintenance, repair, inspection, the issuance of permits, or the operation of 228 the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be RS160\\30\\1040203.v1 Qbhf!225!pg!74: