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8) That North Central Public Service, Inc., in <br />addition to saving the City harmless from any and all claims <br />which may be made against the City by reason of, or on account <br />of, the construction, maintenance, or operation of the plant, <br />distributing systems, and other construction erected and <br />maintained under and by virtue of this Franchise, shall defend <br />any suit brought against the City on account thereof at its sole <br />cost and expense, and should any judgment be rendered against the <br />City as a result of said suit or suits, North Central Public <br />Service, Inc. hereby agrees to pay said judgment, and the record <br />of the judgment against said City in such suit shall be <br />conclusive evidence to entitle said City to recover the amount <br />thereof from said North Central Public Service, Inc. <br /> <br /> 9) That if North Central Public Service, Inc. fails to <br />perform any of the conditions, requirements, duties, or <br />obligations herein provided to be performed by said North Central <br />Public Service, Inc., the City may cause to be served upon North <br />Central Public Service, Inc., a written notice in the manner <br />provided for serving original notices in civil action, which <br />notice shall specify the particular conditions, duties, <br />obligations, or requirements which it is claimed North Central <br />Public Service has failed to perform, and if North Central Public <br />Service, Inc., shall not perform such conditions, requirements, <br />duties or obligations specified in said notice within thirty (30) <br />days after the date of the service of said notice, upon a proper <br />showing made by the City before a court of competetent <br />jurisdiction, the court, at its discretion, may order or refuse <br />to order the performance of such requirements, or may declare a <br />forfeiture of all rights of North Central Public Service, Inc. <br /> <br />The motion of the foregoing resolution was duly seconded by <br />Councilmember Schlueter and upon vote being taken thereon, the <br />following voted in favor thereof: <br /> <br />Mayor Gamec, Councilmembers Van Wagner, Sorteberg, <br />Schlueter and Reimann <br /> <br />and the following voted against the same: <br /> <br />None <br /> <br />whereupon said resolution was declared duly passed and adopted by <br />the Ramsey City Council this the 24th day of May, 1984. <br /> <br />A ~YES T: // /~/ // Mayor <br />'"'- ~ Page 3 of 3 <br /> <br /> <br />