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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 />Iudemnification 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 />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 />right-of-way, whether or not the act or omission complained of is authorized, allowed or <br />prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own <br />negligence except for claims arising out of or allowing the City's negligence where such <br />negligence arises out of 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 />including, 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. <br /> <br />4.10.31 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 rely 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. <br /> <br />24 <br /> <br /> <br />