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<br />3.6 Mappin2 Information. The Company must promptly provide complete <br />and accurate mapping information for any of its Gas Facilities in accordance with the <br />requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. <br /> <br />SECTION 4. RELOCATIONS. <br /> <br />4.1. Relocation in Public Ways. The Company shall relocate its facilities or <br />equipment at its own expense whenever. the City in the proper exercise of its police <br />power shall grade, regrade, change the line or otherwise improve any Public Way or <br />Public Ground or construct or reconstruct any City utility system therein and shall, with <br />due regard to seasonal working conditions, order the Company to relocate permanently <br />its facilities or equipment located in said street, alley, public way or public ground. The <br />City shall give the Company reasonable notice of plans requiring such relocation. <br /> <br />4.2. Relocation in Public Grounds. City may require Company at <br />Company's expense to relocate or remove its Gas Facilities from Public Ground upon a <br />finding by City that the Gas Facilities have become or will become an impairment to the <br />existing or proposed public use of the Public Ground. Relocation shall comply with <br />applicable city ordinances consistent with law. <br /> <br />4.3. Proiects with Federal Fundin2. Relocation, removal, or rearrangement <br />of any Company Gas Facilities made necessary because of the extension into or through <br />City of a federally-aided highway project shall be governed by the provisions of <br />Minnesota Statutes Section 161.46. <br /> <br />SECTION 5. INDEMNIFICATION. <br /> <br />5.1. Indemnity of City. Company shall indemnify and hold the City harmless <br />from any and all liability, on account of injury to persons or damage to property <br />occasioned by the construction, maintenance, repair, inspection, the issuance of permits, <br />or the operation of the Gas Facilities located in the Public Ways and Public Grounds. <br />The City shall not be indemnified for losses or claims occasioned through its own <br />negligence except for losses or claims arising out of or alleging the City's negligence as <br />to the issuance of permits for, or inspection of, Company's plans or work. <br /> <br />5.2. Defense of City. In the event a suit is brought against the City under <br />circumstances where this agreement to indemnify applies, Company at its sole cost and <br />expense shall defend the City in such suit if written notice thereof is promptly given to <br />Company within a period wherein Company is not prejudiced by lack of such notice. If <br />Company is required to indemnify and defend, it will thereafter have control of such <br />litigation, but Company may not settle such litigation without the consent of the City, <br />which consent shall not be unreasonably withheld. This section is not, as to third parties, <br />a waiver of any defense or immunity otherwise available to the City. The Company, in <br />defending any action on behalf of the City, shall be entitled to assert in any action every <br />defense or immunity that the City could assert in its own behalf This franchise <br />