Agenda - Council - 08/08/1995 - Laserfiche WebLink

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delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail ~o that address. Subd. 2. City action on default. If the company is in default in the performance of the work authorized by the permit, thelcity may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The' company must reimburse the city for the city's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 2, Subdivision 5 will be applied by the city first toward payment forl such reimbursement. SECTION 5. INDEMNIFICATION. ~ Subdivision 1. Sc__qgp_~. The company will indemnify, keep and hold the city, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the city, its elected officials, employees, officers, oriagents. The city will notify the company of claims-or actions and provide a reasonable opportunity for the company to accept and undertake the defense. Subdivision 2. Claim defense. If a claim 'or action is brought against the city under circumstances where indemnification applies, the company, at its sole expense, shall defend the city if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf of the city, the company is entitled to assert every defense or immunity that the city could assert in its own behalf. SECTION 6. OTHER.CONDITIONS OF U~. ~ Subdivision 1. Use of public ground. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of inspection by the city at reasonable times and places; (ii) the obligation to relocate the facilities pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission JMS88913 4 I '1 I I I I I I I I I I I I I I I I !