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0428
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0400-0499
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0428
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3/30/2006 11:24:35 AM
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6/28/2005 10:58:36 AM
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<br />required to take such action as is necessary prior to such p.lVing or <br />resurfacing so it need not disturb the street surface for new custOOC'r <br />connections off of said electric distribution feeder line, whenever it cun <br />reasonably be expected that electric service to new premises abutting such <br />streets will be required during the five years follo.ving the paving or <br />resurfacing. <br /> <br />Subd. 4. Once notice has been given by the City to the Carpany <br />in accord with this section, the City my m::rlify its plans. '!he Crnpany <br />shall make reasonable inquiry to ascertain the status of previously announced <br />City plans. <br /> <br />SECI'ICN 10. location of Facilities. <br /> <br />Subd. 1. All lines, servires, transfonrers and other property and <br />facilities shall be so located, canstroctErl, installed and rna.i.ntained as <br />not to endanger or unnecessarily interfere with the ~ and custarary <br />trade, traffic,. travel upon and use of the streets and public places of the <br />City. The carpany shall keep and mintain all of its property in gocrl <br />cx:>ndi tions, order and repair, so that the sane shall not Irenace or enc1anger <br />the life or property of any person. <br /> <br />Sul:rl. 2. '!he Carpany shall provide field locations for all its <br />1.ll1derground facilities when requested within a reasonable pericx:l of tine. <br />'!he pericd of tiIre will be considered reasonable if it corrpares favorably <br />with the average t.ine require:1 by the cities in Ramsey County to locate <br />rm.micipal undergronnd facilities for the Carpany. <br /> <br />SEX::I'ICN 11. Indermification. <br /> <br />'!he Carpany shall indermify, keep arrl hold the City free and <br />hannless fran any and all liability on aCCXJlU1t of injury to J=ersons or <br />damage to property occasioned by the ccnstruction, maintenance, repai.r~ 9r <br />operation of the Carpany's electric facilities locatoo in, on, over, under, <br />or across the streets and pJblic places of the City, 1.ll1less such injury or <br />damage grCMs out of the negligence of the City, its anployees, or a~nts, <br />or results fran the performance in a proper manner of acts reasonably deerred <br />hazardous by the Canpany, but such performance is nevertheless ordered or <br />directed by the City after notice of the COrrpany's determination. In the <br />event the suit shall be brought against the City rmder circumstances where <br />the above agreerrent to indetmify applies, the Crnpany, at its sole cost arrl <br />expense shall defend the City in such suit if written notice thereof is <br />. prcnptly given to the Corrpany within a pericd wherein the Carpany is not <br />prejudiced by lack of sud1 notices. If such notice is not reasonably <br />given as hereinbefore provided, the Conpany shall have no duty to indemnify <br />nor defend. If the Corrpany is required to inderrtrlify and deferp, it will <br />thereafter have corrplete control of such litigation, but the Company may <br />not settle such litigation without the consent of the City, which consent <br />shall not be unreasonably withheld. <br /> <br />-5- <br />
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