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, . t. f l. ~ Company's completion of its work is required in order for the City to proceed with its work for constructing a public improvement to the Public Way. 3.4 Major Facilities. Before Company constructs any new structure or converts any existing structure for the manufacture or storage of gas; Company shall fIrst obtain the approval of the structure and the location thereof from the City. Such approval by the City shall not be umeasonably withheld. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities or other persons or property while performing any activity. 3.6 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The Notice must be given to Company a suffIcient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems necessary. 3.7 Mapping Information. Company must promptly provide mapping information for any of its underground Gas Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation in Public Ways. Company shall comply with the requirements of any applicable ordinance of the City relating to relocation of Gas Facilities in Public Ways to the extent consistent with Minnesota Rules, Part 7819.3100 and applicable law. 4.2 Relocation in Public Grounds. The City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a fInding by City that the Gas Facilities have become or will become a substantial impainnent to the existing or proposed public use of the Public Ground. Such relocation shall comply with applicable City ordinances consistent with law. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non.Betterment Costs of such relocation and the loss and expense resulting therefrom are paid to Company when available to the City, but the City has no obligation to pay those portions for which reimbursement to it is not available. JMS.223419v4 NE136.154 4