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Attachment 1 87 the parties may jointly select a mediator to facilitate further discussion. The parties will 88 equally share the fees and expenses of the mediator. If a mediator is not used or if the 89 parties are unable to resolve the dispute within thirty (30) days after first meeting with the 90 selected mediator, either party may commence an action in Ramsey County District Court 91 to interpret and enforce this franchise or for such other relief as may be permitted by law 92 or equity. 93 94 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the 95 terms of a new franchise by the time this franchise expires, this franchise will remain in 96 effect until a new franchise is agreed upon, or until ninety (90) days after the City or the 97 Company serves written Notice to the other party of its intention to allow the franchise to 98 expire. However, in no event shall this franchise continue for more than one year after 99 expiration of the 20-year term set forth in Section 2.1. 100 101 Section 3. LOCATION, OTHER REGULATIONS. 102 103 3.1. Location of Facilities. Electric Facilities shall be located, constructed, and 104 maintained so as not to interfere with the safety and convenience of ordinary travel along 105 and over Public Ways and so as not to disrupt or interfere with the normal operation of any 106 City Utility System previously installed therein. Electric Facilities may be located on 107 Public Grounds as determined by the City. The Company's construction, reconstruction, 108 operation, repair, maintenance, location and relocation of Electric Facilities shall be subject 109 to other reasonable regulations of the City consistent with authority granted the City to 110 manage its Public Ways and Public Grounds under state law, to the extent not inconsistent 111 with a specific term of this franchise. 112 113 3.2. Street Openings. The Company shall not open or disturb the surface of any Public 114 Way or Public Ground for any purpose without first having obtained a permit from the 115 City, if required by a separate ordinance, for which the City may impose a reasonable fee. 116 However, if City imposes a franchise fee under Section 9.1 of this franchise, City shall not 117 also impose permit fees on the Company. Permit conditions imposed on the Company shall 118 not be more burdensome than those imposed on other utilities for similar facilities or work. 119 The Company may, however, open and disturb the surface of any Public Way or Public 120 Ground without a permit if (i) an emergency exists requiring the immediate repair of 121 Electric Facilities and (ii) the Company gives telephone, email, or similar notice to the City 122 before commencement of the emergency repair, if reasonably possible. Within two 123 business days, or as soon thereafter as reasonably possible, after commencing the repair, 124 the Company shall apply for any required permits and, subject to the terms of this Section 125 3.2, pay any required fees. 126 127 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, 128 the Company shall restore the Public Way in accordance with Minnesota Rules, part 129 7819.1100 and applicable City ordinances consistent with law. The Company shall restore 3 Qbhf!213!pg!384