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<br />if the vacation proceedings are initiated by a person or persons other than the
<br />registrant or permittee, such other person or persons must pay the relocation
<br />COSTS.
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<br />4.10.30
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<br />Indemnification and Liability
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<br /> Subdivision 1. By reason c,f the acceptance of a registration or the grant of a
<br />right-.of-way permit, the City does not assvme any liability:
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<br />for !::juries to person:~, damage to prope~:;,, or loss of service claims by
<br />parties other than the registrant or the City; r'r
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<br />bo
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<br />~O~ ,~laims or penalties .-r any sort resulting ~:om the installa?i~,n, presence,
<br />maint.~nance, or oper~:d~n of equipme~:~ Ly registrants o~ activities of
<br />r~-- ~strants.
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<br /> Subd. ~ By registering a, if, the City, a rog' .,:fa-~t agrees, or ~ ~ccepting a
<br />pea:n:: under this Sec~: '~. a permittee is ~..:qmred to defend, in~.~:t:nify, and hold ~' '-
<br /> ~ ; City whole
<br />an_o !..armless from al! :oats, liabilities, a~tu claims for damaa~, of any kind ar~r!.~ out of the
<br />cc; ~ n~ction, presence !:~statlation, mainten:.:~ze, repair or oi: ?at/on of its equipn~¢~t or out of
<br />any :.zti:,ity undertake, i~ or near a righbo:~~ .. ay, whether or J ~t ~:tO' act or omission complained
<br />of,o outhorized, allow,:~:,, or prohibited by a ,ight-of-way permit It £m-ther agrees bpi it will not
<br />bZ:~g, nor cause to be t;mught, any action, ~,,"* or other proce,.mpg claiming damages, or seeking
<br />a,22., oti~er relief agaips¢ &e City for any c!-im nor for any awarci arising out of thc presence,
<br />inzt-~ation, maintenm?.e or operation of i~s equipment, or any activity undertaken in or near a
<br />righ, .of-way, whether' or not the act or omission complained of is authorize4, allowed or
<br />prohibited by a right~el.way permit. TLc fm'egoing does not indemnify the City for its own
<br />negl~gcnce except for claims arising o~t Cf or allowing th_; City's negligence where such
<br />negiigence arises out :-~f or is primarily related to the presence, installation, construction,
<br />operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf,
<br />incl~.~ding, but not limited to, the issuance of permits and inspection of plans or work. This
<br />Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
<br />registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be
<br />entitled to assert in any action every defense or immunity that the City could assert in its own
<br />behalf.
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<br />4.1 0.3 1 Future Uses. In placing any equipment, or allowing it to be placed, in the right-
<br />of-way the City is not liable for any damages caused thereby to any registrant's equipment which
<br />is already in place. No registrant is entitled to reply on the provisions of this Section, and no
<br />special duty is created as to any registrant. This Section is enacted to protect the general health,
<br />welfare and safety of the public at large.
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