4.7 SR 02-21-2023 - Laserfiche WebLink

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2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. 2.7 Not Exclusive. This Franchise is not exclusive. SECTION 3. LOCATION, OTHER REGULATIONS 3. L Location of Facilities. Gas Facilities shall be located, constructed and maintained by the Company. (i) in as safe and secure a condition or manner as reasonably possible, (ii) so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, and (iii) so as not to disrupt or interfere with the normal use or operation of any Public Ways, Public Ground or the City Utility System. Gas Facilities may only be located on Public Ground as determined by the City in its sole discretion. The Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to the terms of this Ordinance and such other regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Ordinance. 3.2. Street Onenin�s. Whenever the Company desires to open or disturb any Public Way or Public Ground for the purpose of constructing, maintaining, or repairing Gas Facilities, it shall give the City reasonable advance Notice, butnot less than ten (10) business days, by filing a written Notice with the City Clerk In any case, the Company shall not commence such work before obtaining a permit pursuant to Article 66 of the Elk River City Code, for which the City may impose a reasonable fee. The Company shall not, during the progress of the work, endanger or unnecessarily obstruct the passage of traffic or the normal and customary use of the Public Ways and Public Ground. During the progress of such work, the Company shall keep the affected Public Ways or Public Ground guarded in order to avoid accidents to persons or property. All work performed by the Company shall comply with all applicable federal, state, and local laws, rules, and regulations. The requirements for obtaining permits from the City pursuant to this section shall not apply if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency Model Franchise Ordinance — CenterPoint Energy — Updated 225067v5.225067v6225067v6225067v5225067v5225067v5225067v52023 � Page 3 of 9 � I:\Legal\Franchise\Franchise Training Binder\Tab 1- Model Franchise\2 of 3-