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Ways or Public Grounds upon which the improvements are to be made, (iii)the <br /> extent of the improvements, (iv) the time when the City will start the work, and, (v) <br /> if more than one Public Way or Public Ground is involved, the order in which the <br /> work is to proceed. The notice must be given to the Company a sufficient length of <br /> time in advance of the actual commencement of the work to permit the Company to <br /> make any necessary additions, alterations, or repairs to its Gas Facilities. <br /> SECTION 4. RELOCATIONS. <br /> 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be <br /> subject to Minnesota Rules,part 7819-3100 and any applicable City right-of-way <br /> ordinances consistent with law. <br /> The City may require the Company at Company's expense to relocate or remove its <br /> Gas Facilities from Public Grounds upon a finding that the Gas Facilities have <br /> become or will become a substantial impairment to the existing or imminent public <br /> use of the Grounds. <br /> 4.2 Vacation of Public Ways. The City must give the Company at least two weeks <br /> written Notice of the proposed vacation of a Public Way. The City and the <br /> Company shall comply with Minnesota Statute §160.29 and Minnesota Rules, 7819- <br /> 3200 and applicable right-of-way City ordinances consistent with law. <br /> 4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas <br /> Facilities made necessary because of the extension into or through the City of a <br /> federally-aided highway project shall be governed by the provisions of Minnesota <br /> Statutes, Section 161.46 if funds for these purposes are available. <br /> SECTION 5. DEFENSE AND INDEMNIFICATION. <br /> 5.1 Terms. The Company shall indemnify,keep and hold the City, its elected officials, <br /> officers, employees, and agents free and hannless from any and all claims and <br /> actions on account of injury or death of persons or damage to property occasioned <br /> by the construction, maintenance, repair,removal, on or across the Public Ways and <br /> the Public Grounds. The City will not be indemnified for losses or claims alleged to <br /> be the result of negligence of the City, its elected officials, employees, officers, or <br /> agents, except for those arising out of the issuance of permits for, or inspection of <br /> the Company's plans or work. The City shall not be entitled to reimbursement for its <br /> costs incurred prior to notification to the Company of claims or actions and a <br /> reasonable opportunity for the Company to accept and undertake the defense. <br /> 5.2 Litigation. If such a suit is brought against the City under circumstances where the <br /> agreement in this Section 5 to indemnify applies, the Company at its sole cost and <br /> expense will defend the City in such suit if Notice thereof is promptly given to the <br /> 5 <br />