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3.3 Permit Required. The Company may not open or disturb the surface of any Public <br /> Way or Public Ground without first having obtained a permit from the City, for <br /> which the City may impose a reasonable fee irrespective of any franchise fee <br /> imposed pursuant to Section 7. Company will comply with all permit conditions <br /> established by the City. The permit conditions and fees imposed on the Company <br /> may not be more burdensome than those imposed on other utilities for similar <br /> facilities or work, however, when establishing permit fees, the City may take into <br /> account the renewal dates of existing franchises and whether the Company is also <br /> paying a franchise fee to the City. The Company may, however open and disturb the <br /> surface of any Public Way or Public Ground without a permit if(i) an emergency <br /> exists requiring the immediate repair of Gas Facilities and(ii)the Company gives <br /> notice to the City before, if possible, commencement of the emergency repair. <br /> . Within two (2)business days after commencing the repair, the Company must apply <br /> for any required permits and pay the required fees. Except in the case of emergency <br /> work, work undertaken without a permit by the Company or its agents shall be <br /> subject at the discretion of the City to a penalty in the amount of twice the <br /> established permit fees in addition to any other remedy or penalty specified or <br /> allowed in City Code or State Rules. <br /> 3.4 Restoration. After completing work requiring the opening of a Public Way or <br /> Public Ground, the Company must restore the same, including paving and its <br /> foundation, to the condition specified in the permit which must not be inconsistent <br /> with Minnesota Rules 7819.1100, and maintain the restored areas in good condition <br /> for one(1) year thereafter. The work must be completed as promptly as weather <br /> permits. If the Company does not promptly perform and complete the work, remove <br /> all dirt,rubbish, equipment and material, and restore the Public Way or Public <br /> Ground, the City may, after demand to the Company to cure and the passage of a <br /> reasonable period of time not less than five calendar days following the demand, <br /> make the restoration at the expense of the Company. The Company must pay to the <br /> City the cost of such work done for or performed by the City, including <br /> administrative expense and overhead. This remedy is in addition to any other <br /> remedies available to the City for noncompliance with this section. In all other <br /> aspects, Company shall comply with the terms of Minnesota Rules 7819.1100 for <br /> restoration of Public Ways and Grounds, and Minnesota Rules 7819.3000 and <br /> 7819.0100. <br /> 3.5 Company Protection of Gas Facilities in Public Ways. The Company must take <br /> reasonable measures to prevent the Gas Facilities from causing damage to persons or <br /> property. The Company must take reasonable measures to protect the Gas Facilities <br /> from damage that could be inflicted on the Facilities by persons,property or the <br /> elements. The Company and the City will comply with all applicable laws and codes <br /> when performing work near the Gas Facilities. <br /> 3.6 Notice of Improvements. The City must give the Company reasonable notice of <br /> plans for improvements to Public Ways or Public Ground where the City has reason <br /> to believe that Gas Facilities may affect or be affected by the improvements. The <br /> notice must contain; (i) the nature and character of the improvements, (ii)the Public <br /> 4 <br />