10.02 Gas Franchise Ordinance - Laserfiche WebLink

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SECTION 10. ABANDONMENT. • Except as may otherwise be provided by law,NSP shall not abandon its system of gas mains and related facilities within the City without providing twenty-four(24)months prior written notice to the City and its City Attorney of its intent to abandon and the date of such abandonment. Upon abandonment of any part of NSP's gas mains and related facilities within City pursuant to this Section,NSP shall deliver to the City a quit claim deed and all other appropriate instruments reasonably requested by the City transferring all of NSP's right,title and interest in such abandoned gas main(s)and related facilities to the City. After any abandonment,NSP shall forfeit any claim or right to damages if the City,or any agent or employee of the City,should remove or damage any such abandoned gas main or related facility. SECTION 11. INDEMNIFICATION. Subdivision 1. NSP shall indemnify,keep and hold the City free and harmless from any and all liability on account of injury to person or damage to property occasioned by the construction,maintenance,repair,inspection,the issuance of permits,or the operation of the gas facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for,or inspection of,the Company's plans or work. Subdivision 2. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies,NSP at its sole cost and expense shall defend the City in such suit. The City shall provide reasonable notice to NSP of any pending suit against the City where this indemnification applies. If NSP is required to indemnify and defend,it will thereafter have control of such litigation,but NSP may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. Subdivision 3. This section is not,as to third parties,a waiver of any defense or immunity otherwise available to the City;and NSP,in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf. Subdivision 4. Liability Insurance. At the request of the City,NSP shall furnish the City a summary of insurance carried by NSP to adequately protect the City from any and all obligations,liabilities,or claims of any nature whatsoever,arising out of the operation,construction,and maintenance of its gas plant and gas distribution system within the City. If NSP's bond rating,established by Standard&Poor's,falls below- single A minus("A-")(or if such ratings are discontinued by Standard&Poor's,below a rating comparable to Standard&Poor's "A-"rating as adopted by a bond rating agency of firm generally accepted in the utility industry),and if the City at any time reasonably .s 3