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which the improvements are to be made, (iii) the extent of the improvements, (iv) the time <br />when the City will start the work, and (v) if more than one Public Way or parcel of Public <br />Ground is involved, the order in which the work is to proceed. <br />3.10. Acquisition. Notwithstanding any language in this Agreement, to the <br />contrary, the City and /or Elk River Municipal Utilities (ERMU) shall have the right to <br />purchase or otherwise acquire the Company's Electric Facilities or the Company Service <br />Area, or portion(s) thereof, at any time as provided by law in effect on the date the City or <br />ERMU commences such purchase or acquisition. The expiration or termination of this <br />Franchise as hereinbefore provided shall not, by itself, be an independent basis of any claim <br />by the Company against the City or ERMU, nor any claim by the City or ERMU against the <br />company. <br />4.1. Relocation. In the event the City reasonably determines that it is necessary <br />for the Company to move any part of its Electric Facilities because the City has determined <br />to change, move or improve its Public Ways or that the Electric Facilities have become or <br />will become a substantial impairment to the existing or imminent public use of Public <br />Ground, upon reasonable Notice by the City to the Company, then the Company will move <br />its Electric Facilities at its sole cost, except as provided in Section 4.2. The City shall <br />consider reasonable alternatives in designing its public works projects so as not to arbitrarily <br />cause the Company unreasonable additional expense in exercising its authority under this <br />Section 4.1. If a relocation is ordered within five (5) years of a prior relocation of the same <br />Electric Facilities, which was made at Company expense, the City shall reimburse the <br />Company for the non - betterment costs on a time and material basis. This Section 4.1 shall <br />not constitute a taking by the City nor be construed as a waiver or modification of any <br />easement or prescriptive rights acquired by the Company independent of and without <br />reliance by the Company on this Franchise. <br />4.2. Projects with Federal Funding. City shall not order Company to remove <br />or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a <br />right -of -way project or any other project which is financially subsidized in whole or in part <br />by the Federal Government or any agency thereof, unless the reasonable non - betterment <br />costs of such relocation are first paid to Company. The City is obligated to pay Company <br />only for those portions of its relocation costs for which City has received federal funding <br />specifically allocated for relocation costs in the amount requested by the Company, which <br />allocated funding the City shall specifically requests. Relocation, removal or rearrangement <br />of any Company Electric Facilities made necessary because of a federally -aided highway <br />project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as <br />supplemented or amended. It is understood that the rights herein granted to Company are <br />valuable rights. <br />4.3. No Release of Liability. Nothing contained herein shall relieve any third <br />party from liability arising out of their failure to exercise reasonable care to avoid injuring <br />the Company's Electric Facilities while performing any work connected with grading, <br />regarding or changing the line of any Public Way or with any construction on or adjacent to <br />