10.02 Gas Franchise Ordinances - Laserfiche WebLink

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4.4 No Waiver. The provisions of this franchise apply only to fa.cilities constructed in reliance on a feanchise from the City and shall not be consmzed to waive or modify any rights obtained by the Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applica.ble Public Ground or I'ublic Way was established,or the Company's rights under state or county permit SECTION 5. TREE TRINIIVIING. The Company is also granted the pe�ussion and authority to ttim all shrubs and trees,including roots,in the I'ublic Ways of the City to the extent the Company finds necessary to avoid interference with the proper construction, operation, repair and maintena.nce of Gas Facilities, provided that the Company shall save the City harmless from any liability atising 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 Eitp ftee and hartnless from any and all liability on account of injuty to persons or damage to properiy occasioned by the construction,maintena.nce,repair,inspection,relocation,the issuance of permits,or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claitns occasioned through its own'��gligence except foY losses or claims arising out of or alleging the City's negligence as to the issuance of pe�nits for, or inspection of, the Company's plans or work The City shall not be indemnified if the injuty ar dama.ge results from the performance in a proper manner of acts reasonably deemed hazazdous by Company, and such perfoxmance is nevertheless ordered or directed by City after notice of Company's detemnination. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if wxitten notice thereof is prompdy given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Gompanp is required to indemnify and defend, it will thereafteY ha�e cont�ol of such litigation, but the Company may not settle such litigation without the consent of the City,which consent shall not be unreasonably withheld. This section is not, as to third parties,a waiver of any defense or immunity otherwise available to the City.The Company,in defending any action on behalf of the City, shall be entifled to assert in any action every defense or unmunity that the City could assert in its own behalf. This hanchise agxeement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limita.tions on liability under Minnesota.Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City a.nd the Company shall comply with Minnesota Rules, part 7819.3200 and applicable ordinances consistent with law applicable to right-of-way vaca,tion. Except where required for a City project,the vaca,tion of any Public Way,after the installation of Gas Facilities,shall not opexate to depxive Compa.ny of its rights to operate and ma.intain such Gas Facilities,until the reasona,ble cost of relocating the same are first paid to Company by the nongovemmental entity in favor of whom the vacation was granted. In no case, however, shall City be liable to Company for failure to specifically presexve a right-of-way under Minnesota Statutes,Section 160.29. 5