10.04 Gas Franchise Ordinances - Laserfiche WebLink

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4.4 No Waiver. The provisions of this feanchise apply only to facilities constructed in xelia.nce on a franchise from the City a.nd shall not be construed to waive or madify any rights obtained by the Company for installa,tions within a Company right-of-way acquired by easement or presarptive right befoxe the applicable Public Ground or Public Way was established,or the Company's rights undex state or county permit SECTION 5. TREE TRIMMING. The Company is also gtanted the permission and authority to ttim all shrubs and trees,including roots, in the Public Ways of the City to the extent the Company finds necessary to avoid interfexence with the proper construction, operation, repair and maintenance of Gas Facilities, provided that the Compa.ny shall save the City haxrnless from any lia.bility arising therefrom,and subject to permit or other reasonable regulation by the City. SECTION 6.INDEMNIFICATION. 6.1 Indemnity of Cit�. The Company shall indemnify,keep,save,and hold the City free and ha.rmless from any and all liability on account of injury to pexsons oY damage to propertp occasioned by the construction,ma.intenance,repair,inspection,relocation,the issuance of pertnits,or the operation of the Ga,s Facilities located in the Public Grounds and Public Ways. 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 pemiits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper ma.uner of acts reasonably deemed hazardous by Company, and such perfom�ance is nevertheless ordered or ditected by City after notice of Company's determination. G.2 Defense of Citv. In the event a suit is bxought against the City under circumstances where this agxeement to indemnify applies, the Company af its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by la,ck of such notice. If the Company is xequ.ired to indemnify and defend,it will thereafter have-control o£such litigation, but the Company ma.y not settle such litigation without the consent af the City,which consent shall not be unxeasona.bly withheld. This section is not, as to third parties,a waiver of any defense or immunity otherwise ava.ilable to the City.The Company,in defending any action on behalf of the City, shall be entided to assert in any action every defense or immunity that the City could assert in its own behalf. This f�anchise agteement shall not be interpreted to constitute a waivex by the Citq of any of its defenses of immunity or limitations on liability under Minnesota,Sta,tutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks priox wxitten notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota, Rules, part 7819.3200 and applica.ble ordinances consistent with la.w applicable to right-of-way vaca,tion. Except where required for a City pxoject,the vacation of any Public Way,after the installa.tion of Ga.s Facilities,shall not operate to deprive Company of its rights to operate and ma.intain such Gas Facilities,until the reasonable cost of relocating the same ate first paid to Compa.ny by the nongovernmental entity in fa,vor of whom the vacation was granted. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota,Sta,tutes,Section 160.29. 5