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. <br /> 2.2. NONEXCLUSIVE FRANCHISE. This is not an exclusive <br /> franchise. <br /> SECTION 3. CONDITIONS OF STREET USE. <br /> 3.1. USE OF STREETS. All utility facilities and equipment <br /> of the Company shall be located, constructed, installed and main- <br /> tained as not to endanger or unnecessarily interfere with the <br /> usual and customary traffic and travel upon the streets, alleys, <br /> public ways and public grounds of the Municipality. <br /> 3. 2. RESTORATION OF STREETS. The Company shall, upon <br /> completion of any work requiring an opening, restore the steet, <br /> alley, public way or public ground to the same condition as <br /> before the opening was made, insofar as reasonably possible. <br /> 3.3. RELOCATION OF UTILITY FACILITIES. The Company shall <br /> relocate its facilities or equipment at its own expense whenever <br /> the Municipality in the proper exercise of its police power shall <br /> grade, regrade, change the line or otherwise improve any street, <br /> alley, public way or public ground or construct or reconstruct <br /> any sewer or water system therein and shall, with due regard to <br /> seasonal working conditions, order the Company to permanently <br /> relocate its facilities or equipment located in said street, <br /> alley, public way or public ground. The Municipality shall give <br /> the Company reasonable notice of plans requiring such relocation. <br /> 3.4. RELOCATION WHEN STREETS VACATED. The Municipality may <br /> not order the Company to relocate any of its facilities or equip- <br /> ment when a street, alley, public way or public ground is vacated <br /> unless the reasonable cost of such relocation and the loss and <br /> expense resulting from such relocation are first paid to the <br /> Company. <br /> SECTION 4. INDEMNIFICATION. The Company shall indemnify and <br /> hold harmless the Municipality, its officers, employees and <br /> agents from all liability on account of injury to persons or <br /> damage to property caused by the Company's construction, <br /> maintenance, repair or operations in the Municipality, unless <br /> such injury or damage is the result of the negligence of the <br /> Municipality, its officers, employees or agents. <br /> SECTION 5. TERMINATION OF FRANCHISE. If the Company is in <br /> default in the performance of any material part of this Franchise <br /> for more than 90 days after receiving written notice from the <br /> Municipality of such default, the Municipal Council may, by <br /> ordinance duly passed and adopted, terminate all rights granted <br /> hereunder to the Company. The notice of default shall be in <br /> 2 <br />