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<br />. <br /> <br />. <br /> <br />. <br /> <br />the Public Way and Public Grounds of City interfering with the <br />proper construction, operation, repair and maintenance of any <br />Electric Facilities installed hereunder, provided that the <br />Company shall save the City harmless from any liability arising <br />therefrom, and subject to permit or other reasonable regulation <br />by the City. <br /> <br />210.26 - INDEMNIFICATION <br /> <br />1. The Company shall indemnify, keep and hold the City free <br />and harmless from any and all liability on account of injury to <br />persons or damage to property occasioned by the construction, <br />maintenance, repair, inspection, the issuance of permits, or <br />the operation of the Electric Facilities located in the City. <br />The City shall not be indemnified for losses or claims <br />occasioned through its own negligence except for losses or <br />claims arising out of or alleging the City's negligence as to <br />the issuance of permits for, or inspection of, the Company's <br />plans or work. The City shall not be indemnified if the injury <br />or damage results from the performance in a proper manner of <br />acts reasonably deemed hazardous by Company, and such <br />performance is nevertheless ordered or directed by City after <br />notice of Company's determination. <br /> <br />2. In the event a suit is brought against the City under <br />circumstances where this agreement to indemnify applies, the <br />Company at its sole cost and expense shall defend the City in <br />such suit if written notice thereof is promptly given to the <br />Company within a period wherein the Company is not prejudiced <br />by lack of such notice. If the Company is required to <br />indemnify and defend, it will thereafter have control of such <br />litigation, but the Company may not settle such litigation <br />without the consent of the City, which consent shall not be <br />unreasonably withheld. This section is not, as to third <br />parties, a waiver of any defense or immunity otherwise <br />available to the City; and the Company, in defending any action <br />on behalf of the City shall be entitled to assert in any action <br />every defense or immunity that the City could assert in its own <br />behalf. <br /> <br />210.28 - VACATION OF PUBLIC WAYS <br /> <br />The City shall give the Company at least two weeks' prior <br />written notice of a proposed vacation of a Public Way. Except <br />where required for a City street or other improvement project, <br />the vacation of any Public Way, after the installation of <br />Electric Facilities, shall not operate to deprive Company of <br />its rights to operate and maintain such Electrical Facilities, <br />until the reasonable cost of relocating the same and the loss <br />and expense resulting from such relocation are first paid to <br />company. In no case, however, shall City be liable to the <br />Company for failure to specifically preserve a right-of-way, <br />under Minnesota Statutes, Section 160.29. <br /> <br />2.18 <br /> <br />( <br /> <br />t <br /> <br />( <br />