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4.10.29 Right-of-way Vacation <br /> <br /> Subdivision 1. If the City vacates a right-of-way which contains the equipment <br />of a registrant, and if the vacation does not require the relocation of registrant or permittee <br />equipment, the City shall reserve, to and for itself and all registrants having equipment in the <br />vacated right-of-way, the right to install, maintain and operate any equipment in the vacated <br />right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, <br />inspecting, maintaining or repairing the same. <br /> <br /> Subd. 2. If the vacation requires the relocation of registrant or permittee <br />equipment and: <br /> <br />a. if the vacation proceedings are initiated by the Registrant or Permittee, the <br /> registrant or permittee must pay the relocation costs; or ] ,0,~ .~-~ <br /> <br />b. )~f~~cation proceedings are initiated by the City, the t~q~~ <br /> (/~5~y-~must pay the relocation costs unless otherwise a~ to by <br /> thX,.~e~ty and the registrant or permittee; or <br /> <br />Co <br /> <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. <br /> <br />4.10.30 <br /> <br />Indemnification and Liability <br /> <br /> Subdivision 1. By reason of the acceptance of a registration or the grant of a <br />right-of-way permit, the City does not assume any liability: <br /> <br />ao <br /> <br />for injuries to persons, damage to property, or loss of service claims by <br />parties other than the registrant or the City; or <br /> <br />bo <br /> <br />for claims or penalties of any sort resulting from the installation, presence, <br />maintenance, or operation of equipment by registrants or activities of <br />registrants. <br /> <br /> Subd. 2. By registering with the City, a registrant agrees, or by accepting a <br />permit under this Section, a permittee is required to defend, indemnify, and hold the City whole <br />and harmless from all costs, liabilities, and claims for damages of any kind arising out of the <br />construction, presence, installation, maintenance, repair or operation of its equipment, or out of <br />any activity undertaken in or near a right-of-way, whether or not any act or omission complained <br />of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not <br />bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking <br />any other relief against the City for any claim nor for any award arising out of the presence, <br />installation, maintenance or operation of its equipment, or any activity undertaken in or near a <br /> <br />24 <br /> <br /> <br />