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Attachment 2 183 a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, 184 Section 161.46, as supplemented or amended. 185 186 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in 187 reliance on a franchise from the City and shall not be construed to waive or modify any rights 188 obtained by Company for installations within a Company right-of-way acquired by easement 189 or prescriptive right before the applicable Public Ground or Public Way was established, or 190 Company's rights under state or county permit. 191 192 SECTION 5. INSURANCE AND INDEMNIFICATION. 193 194 5.1.Insurance.The Company is required to maintain Commercial General Liability 195 Insurance on an occurrence basis protecting it from claims for damages for bodily injury, 196 including death, and for claims for property damage, which may arise from operations under 197 this Ordinance. Insurance minimum limits are as follows: 198 199 $2,000,000 – per occurrence 200 $4,000,000 – annual aggregate 201 202 The following coverages shall be included: Premises and Operations Bodily Injury and 203 Property Damage; Personal and Advertising Injury Blanket Contractual Liability and 204 Products and Completed Operations Liability. 205 206 The City must be endorsed as an Additional Insured. 207 208 With the City’s consent, which shall not be unreasonably withheld, the Company shall have 209 the option of providing a program of self-insurance to meet its obligation under this 210 Ordinance. In such event, the Company shall submit to the city a Certificate of Self-Insurance 211 or other documents showing proof of its financial responsibility. 212 213 5.2. Indemnity of City. The Company shall indemnify and hold the City harmless from 214 any and all liability, on account of injury to persons or damage to property occasioned by the 215 construction, maintenance, repair, inspection, the issuance of permits, or the operation of the 216 Gas Facilities located in the Public Ways and Public Grounds. The City shall not be 217 indemnified for losses or claims occasioned through its own negligence except for losses or 218 claims arising out of or alleging the City's negligence as to the issuance of permits for, or 219 inspection of, the Company's plans or work. The City shall not be indemnified if the injury or 220 damage results from the performance in a proper manner, of acts reasonably deemed 221 hazardous by Company, and such performance is nevertheless ordered or directed by City 222 after notice of Company's determination. 223 224 5.3. Defense of City. In the event a suit is brought against the City under circumstances 225 where this agreement to indemnify applies, the Company at its sole cost and expense shall 226 defend the City in such suit if written notice thereof is promptly given to the Company within 227 a period wherein the Company is not prejudiced by lack of such notice. If the Company is 228 required to indemnify and defend, it will thereafter have control of such litigation, but the 5 Qbhf!226!pg!384