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Attachment 2 319 SECTION 9. ABANDONED FACILITIES. 320 321 The Company shall comply with City ordinances to the extent consistent with law, 322 Minnesota Statutes, Sections 216D.01 et seq. and Minnesota Rules, part 7819.3300, as they 323 may be amended from time to time. The Company shall produce records of abandoned and 324 retired Facilities within the City if such records are available. The Company shall provide 325 field locations for its underground Gas Facilities within the City consistent with the 326 requirements of Minnesota Statutes Chapter 216D. The Company may abandon 327 underground Gas Facilities in place, provided at the City’s request, Company will remove 328 abandoned gas Facilities interfering with a City improvement project but only to the extent 329 such GasFacilities are uncovered by city excavation, interfere with the construction of a 330 city project, or are causing a safety issue. 331 332 SECTION 10. SAFETY AND INFRASTRUCTURE REPORTING. 333 334 The Company and the City shall meet annually at a mutually convenient time to discuss items 335 of concern or interest raised by the City or the Company. 336 337 SECTION 11. PROVISIONS OF ORDINANCE. 338 339 11.1. Severability. Every section, provision, or part of this Ordinance is declared separate 340 from every other section, provision, or part; and if any section, provision, or part shall be 341 held invalid, it shall not affect any other section, provision, or part. Where a provision of 342 any other City ordinance conflicts with the provisions of this Ordinance, the provisions of 343 this Ordinance shall prevail. 344 345 11.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement 346 between the City and the Company as the only parties and no provision of this franchise 347 shall in any way inure to the benefit of any third person (including the public at large) so 348 as to constitute any such person as a third-party beneficiary of the agreement or of any one 349 or more of the terms hereof, or otherwise give rise to any cause of action in any person not 350 a party hereto. 351 352 SECTION 12. TREE TRIMMING 353 Unless otherwise provided in any permit or other reasonable regulation required by the 354 City under separate ordinance, the Company may trim all trees and shrubs in the Public 355 Ways and Public Grounds of the City to the extent the Company finds necessary to avoid 356 interference with the proper construction, operation, repair and maintenance of any Gas 357 Facilities installed hereunder, provided that the Company shall hold the City harmless from 358 any liability arising therefrom. 359 360 SECTION 13. AMENDMENT PROCEDURE. 361 362 Either party to this franchise agreement may at any time propose that the agreement be 363 amended. This Ordinance may be amended at any time by the City passing a subsequent 364 ordinance declaring the provisions of the amendment, which amendatory ordinance shall 8 Qbhf!229!pg!384