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.. City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Section 161. 46 as supplenentcd or arrcnded; and furth~r it is C>..-pressly \mderstoc:x1 th.J.t the right herein granted to the Ccrrpilny is a valuable property ric;ht and the City shall not order the Company to remove or relo~tte its facilities without com- pensation when a street or public \vay is vacated, irrprovcd or re-aligm:d because of a renewal or a redeveloprrent plan which is financially sub- sidized in whole or in part by the federal gOVernrTEI1t or any agency thereof, unless the reasonable non-bett.e.rJrent costs of such relocations and the loss and expense resulting therefran are first paid to the Corrpany. Subd. 4. Nothing contained herein shall relieve any {:erson, persons or corporations fran liability arising out of the failure to exercise reasonable care to avoid injuring the CaTpany's facilities while performing any work camected with grading, regrading or changing the line of any street or public place or with the constrUction or re-construction of any public utility system. . SuJ:x'l. 5. W1ere the City orders the Canpany to relocate any of its facilities, the Carpany shall proceed with such relocation. If such relocation is done without an agreerrent first being nade as to who shall pay for the relocation cost, such relocation of the facilities by the Car.pany shall not be construed as a waiver of its right to be reir.bursed for the relocation cost. If the Conpany claims that it should be reinbursed for such relocaticn oosts, it shall notify the City within ten (10) days after receipt of such order. SEX:TION 9. Notice to Company of Street Improverrents. Subd. L '!he City shall give the Company reasonable written notice of plans for street inproverrents where paving or resurfacing of a pement nature is involved, which notice shall contain the nature and character of the inproverrents, the streets UfX)n whim the iroprovenents are to be made, the extent of the improverrents and the tirre when the City anticipates that it or its contractor is going to start the \-iOrk and, if nore than one street is involved, the order in \-,hich this work is to proceed. Paving or re- surfacing of a pemanent nature refers only to p:>rtland cerrent concrete or high type bituminous. Subd. 2. The notice shall be given to the Company a/sufficient length of t.i.Jre, considering seasonable \-;orking conditions, in advance of the actual comrencerrent of the work to ~nni t the Corrpany to nake any additions, alterations or repairs to its facilities deerred necessary by it and the Carpany assurres full responsibility for liability associated ",:ith its maintenance and repair activities. · Subd. 3. In cases where streets are at final width and grade, the Ci ty has installed underground public utility mains and seIVice connectioils to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Carpany' s electric distribution feeder line is located under such paved surface of the street, the Carpany shall be -4-