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Attachment 1 255 defend the City in such suit if written notice thereof is promptly given to the Company 256 within a period wherein the Company is not prejudiced by lack of such notice. If the 257 Company is required to indemnify and defend, it will thereafter have control of such 258 litigation, but the Company may not settle such litigation without the consent of the City, 259 which consent shall not be unreasonably withheld. This section is not, as to third parties, a 260 waiver of any defense or immunity otherwise available to the City. The Company, in 261 defending any action on behalf of the City shall be entitled to assert in any action every 262 defense or immunity that the City could assert on its own behalf. This franchise agreement 263 shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity 264 or limitations on liability under Minnesota Statutes, Chapter 466. 265 266 SECTION 7.VACATION OF PUBLIC WAYS. 267 268 The City shall give the Company at least two weeks prior written notice of a proposed 269 vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 270 part 7819.3200 and applicable ordinances consistent with law. Except where required for a 271 City improvement project, the vacation of any Public Way, after the installation of Electric 272 Facilities, shall not operate to deprive Company of its rights to operate and maintain such 273 Electric Facilities, until the reasonable cost of relocating the same and the loss and expense 274 resulting from such relocation are first paid to Company. 275 276 SECTION 8. ABANDONED FACILITIES. 277 278 The Company shall comply with City ordinances to the extent consistent with law, 279 Minnesota Statutes, Sections 216D.01 et seq. and Minnesota Rules, part 7819.3300, as they 280 may be amended from time to time. The Company shall produce records of abandoned and 281 retired Facilities within the City if such records are available. The Company shall provide 282 field locations for its underground Electric Facilities within the City consistent with the 283 requirements of Minnesota Statutes Chapter 216D. The Company may abandon 284 underground Electric Facilities in place, provided at the City’s request, Company will remove 285 abandoned Electric Facilities interfering with a City improvement project but only to the 286 extent such Electric Facilities are uncovered by city excavation, interfere with the 287 construction of a city project, or are causing a safety issue. 288 289 SECTION 9. CHANGE IN FORM OF GOVERNMENT. 290 291 Any change in the form of government of the City shall not affect the validity of this 292 Ordinance. Any governmental unit succeeding the City shall, without the consent of 293 Company, succeed to all of the rights and obligations of the City provided in this 294 Ordinance. 295 7 Qbhf!217!pg!384