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3.3 <br /> <br />of a reasonable period of time following the demand, but not to exceed <br />five days, have the right to make the restoration of the Public Ground at <br />the expense of the Company. Company shall pay to the City the cost of <br />such work done for or performed by the City, including its administrative <br />expense and overhead, plus ten percent additional as liquidated damages. <br />This remedy shall be in addition to any other remedy available to the City <br />for noncompliance with this Section. <br /> <br />Avoid Damage to Gas Facilities. Nothing in this OrdinanCe relieves any <br />person, including Company, from liability arising out of the' failure to <br />exercise reasonable care to avoid damaging Gas Facilities or other <br />persons or property while performing any activity. <br /> <br />SECTION 4. <br /> 4.1 <br /> <br />4.2 <br /> <br />4.3 <br /> <br />RELOCATIONS. <br /> <br />Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways <br />shall be subject to City Code (ROW) 4.10. City may require Company at <br />Company's expense to relocate or remove its Gas Facilities from Public <br />Grounds upon a finding by City that the G as Facilities have become or <br />will become a substantial impairment to the existing or proposed public <br />use of the Grounds. Relocation Gas Facilities in Public Ground shall <br />comply with applicable City ordinances consistent with law. <br /> <br />Proiects with Federal Funding. Relocation, removal, or rearrangement <br />of any Gas Facilities made necessary because of the extension into or <br />through City of a federally-aided highway project shall be governed by the <br />provisions of Minnesota Statutes Section 161.46, as supplemented or <br />amended. It is understood that the right herein granted to Company is a <br />valuable right. City shall not order Company to remove or relocate its Gas <br />Facilities when a Public Way is vacated, improved or realigned because of <br />a renewal or a redevelopment plan which if financially subsidized in <br />whole or in part by the Federal Government or any agency thereof, unless <br />.the reasonable Non-Betterment Costs of such relocation and the loss and <br />expense resulting therefrom are p aid t o Company when available t o the <br />City. The City need not pay those portions of such for which <br />reimbursement to it is not available. <br /> <br />No Waiver. The provisions of Section 4 apply only to Gas Facilities <br />constructed in reliance on a permit or franchise from City and Company <br />does not waive its rights under an easement or prescriptive right or State <br />or County permit. <br /> <br />-1,57- <br /> <br /> <br />