Ordinance 19-04 - Laserfiche WebLink

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4.4 No Waiver. The provisions of this franchise apply only to faciliries constructed in reliance �. on a franchise from the City and shall not be construed to waive or modify any rights obtained by the Company for installarions within a Company right-of-way acquired by easement or prescriprive right before the applicable Public Ground or Public Way was established,or the Company's rights under state or county permit. SECTION 5. TREE TRIMMING. The Company is also granted the pertnission and authority to trim all shrubs and trees, including roots, in the Public Ways of the City to the extent the Company finds necessary to avoid interference with the proper construcrion, operarion, repair and maintenance of Gas Faciliries, provided that the Company shall save the City ha.rmless ftom any liability arising therefrom,and subject to permit or other reasonable regularion by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnit�of Citv. The Company shall indemnify,keep,save,and hold the City free and harmless from any and all liability on account of injur5� to persons or damage to property occasioned by the construcrion,mauitenance,repair,inspecrion,relocarion,the issuance of permits,or the operarion of the Gas Faciliries 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 permits for, or inspection of, the Company's plans or work. The Cit��shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or �" directed by City after notice of Company's deterinination. 6.2 Defense of Citv. In the event a suit is brought against the City under circumstances where this agreement to indemiufy applies, the Company at its sole cost and expense shall defend the City in such suit if written norice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigarion, but the Company may not settle such litigarion without the consent of the City, which consent shall not be unreasonably withheld. This secrion is not, as to third parties,a waiver of any defense or immunity othenvise available to the City.The Company,in defending any acrion on behalf of the City, shall be enritled to assert in any acrion every defense or iminunity that the City could assert in its own behal£ This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of uiununity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written norice of a proposed vacation of a Public Wa��. The Ciry and the Company shall comply with Minnesota Rules, part 7819.3200 and applicable ordinances consistent with law applicable to right-of-way vacation. Except where required for a City project,the vacarion of any Public Way,after the installarion of Gas Faciliries,shall not operate to deprive Company of its rights to operate and inaintain such Gas Faciliries, until the reasonable cost of relocating the same are first paid to Company by the nongovernmental entity in favor of whom the � vacarion was granted. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Muu�esota Statutes,Section 160.29. 5