2.3. ERMUSR 10-8-2019 - Laserfiche WebLink

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insurance to meet its obligation under this Ordinance. In such event, the Company shall submit to the city a Certificate of Self-Insurance or other documents showing proof of its financial responsibility. 6.2 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction,maintenance,repair,inspection,issuance of permits, or operation of the Electric 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 permits for,or inspection of, Company's plans or work. 6.3 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation,but 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,and Company, 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 in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes,Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least four (4) weeks prior written notice of a proposed vacation of a Public Way. Except when ordered pursuant to section 4.1 of this Ordinance, the vacation of any Public Way after the installation of Electric Facilities shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall the City be liable to Company for failure to specifically preserve a Public Way in the exercise of its authority under Minnesota Statutes,Section 160.29. SECTION 8. ABANDONED FACILITIES. The Company shall comply with City ordinances; Minnesota Statutes, Sections 216D.01 et seq.; and Minnesota Rules, part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Electric Facilities within the City,produce such records at the City's request,and comply with the location requirements of Section 216D.04 with respect to all Electric Facilities, including abandoned and retired Electric Facilities. SECTION 9. CHANGE IN FORM OF GOVERNMENT. 6 47