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Attachment 2 229 indemnified for losses or claims occasioned through its own negligence except for losses or 230 claims arising out of or alleging the City's negligence as to the issuance of permits for, or 231 inspection of, the Company's plans or work.The City shall not be indemnified if the injury 232 or damage results from the performance in a proper manner, of acts reasonably deemed 233 hazardous by Company, and such performance is nevertheless ordered or directed by City 234 after notice of Company's determination. 235 236 5.3.Defense of City.In the event a suit is brought against the City under circumstances 237 where this agreement to indemnify applies, the Company at its sole cost and expense shall 238 defend the City in such suit if written notice thereof is promptly given to the Company 239 within a period wherein the Company is not prejudiced by lack of such notice. If the 240 Company is required to indemnify and defend, it will thereafter have control of such 241 litigation, but the Company may not settle such litigation without the consent of the City, 242 which consent shall not be unreasonably withheld. This section is not, as to third parties, a 243 waiver of any defense or immunity otherwise available to the City. The Company, in 244 defending any action on behalf of the City, shall be entitled to assert in any action every 245 defense or immunity that the City could assert on its own behalf. This franchise agreement 246 shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity 247 or limitations on liability under Minnesota Statutes, Chapter 466. 248 249 SECTION 6. VACATION OF PUBLIC WAYS. 250 251 The City shall give the Company at least two weeks prior written notice of a proposed 252 vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 253 part 7819.3200 and applicable ordinances consistent with law.Except where required for a 254 City improvement project, the vacation of any Public Way, after the installation of Gas 255 Facilities, shall not operate to deprive Company of its rights to operate and maintain such 256 GasFacilities, until the reasonable cost of relocating the same and the loss and expense 257 resulting from such relocation are first paid to Company. 258 259 SECTION 7. CHANGE IN FORM OF GOVERNMENT. 260 261 Any change in the form of government of the City shall not affect the validity of this 262 Ordinance. Any governmental unit succeeding the City shall, without the consent of 263 Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 264 265 SECTION 8. FRANCHISE FEE. 266 267 8.1. Form.During the term of the franchise hereby granted, and in lieu of any permit or 268 other fees being imposed or that the City has a right to imposeon Company , the City may 269 charge the Company a franchise feeby collecting the amounts the parties have agreed to as 270 indicated in a Fee Schedule set forth in a separate franchise fee ordinance from each 271 customer in the designated Company Customer Class. The fee may be (i) a percentage of 272 gross revenues received by the Company for its operations within the City, or (ii) a flat fee 273 per customer, or (iii) a fee based some other basis as agreed by the parties. The method of 274 imposing the franchise fee, the percentage of revenue rate, or the flat rate may differ for RS160\\30\\1040203.v1 Qbhf!226!pg!74: