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and other purposes (the "System"), together with the right, privilege, duty, responsibility and
<br /> authority to lay, erect, construct, install, operate and/or maintain all necessary mains, pipes,
<br /> valves, equipment and/or other apparatus as may be necessary or convenient for the System, in,
<br /> upon, along, over, under, through and/or across each and all of the streets, avenues, alleys,
<br /> bridges, easements, rights of way and/or other public places, subject to the conditions and
<br /> regulations hereinafter set forth.
<br /> SECTION 3. (a) All mains, pipes, valves and apparatus shall, unless not feasible due to
<br /> terrain or other factors as determined by Municipality, be placed underground and shall be so
<br /> located and laid as not to interfere with any pipes, conduits, sewers, drains, pavements or other
<br /> public improvements existing at the time of such location, and said Company shall forthwith
<br /> repair any damage caused to such improvements and restore said improvements to as good a
<br /> condition as existed prior to undertaking any work. In default thereof said Municipality may
<br /> repair such damage and charge the cost thereof to, and collect the same from, the Company.
<br /> There shall be no unnecessary obstruction to the streets, avenues, alleys and public places of said
<br /> Municipality in the laying, installation, operation or maintenance of any of said mains, pipes,
<br /> valves or apparatus. All facilities of Company in said Municipality shall be installed and
<br /> maintained in accordance with the applicable rules and regulations of the Illinois Commerce
<br /> Commission and the Municipality.
<br /> (b) When any street, avenue, or other public place shall be graded, curbed, paved or
<br /> otherwise changed so as to make the resetting or relocation of any pipes or other equipment
<br /> placed or installed under this Agreement necessary, the Company shall make such resetting or
<br /> relocation, at the Company's cost and expense. Municipality shall provide the Company with a
<br /> suitable location on existing City owned and controlled property for the resetting or relocation of
<br /> such pipes or other equipment, and the Company's obligation shall be limited to resetting or
<br /> relocating pipes or other equipment of the same type and configuration as the displaced pipes or
<br /> other equipment. Company shall make such resetting or relocation within a reasonable time after
<br /> receiving written notice of the need for the same from the authorized representative of the
<br /> Municipality, and the establishment by the Municipality of the permanent grade at the new
<br /> location.
<br /> (c) In no instance shall installation, placement, construction or operation of Company's
<br /> equipment or facilities be in violation of the Americans with Disabilities Act("ADA").
<br /> (d) Company agrees to notify Municipality within one (1) business day of any lines,
<br /> vaults, and any and all other facilities being placed underground in Municipality's right of way.
<br /> SECTION 4. The rates to be charged by the Company for gas service rendered under
<br /> this Agreement shall be such as are approved from time to time by the Illinois Commerce
<br /> Commission of the State of Illinois and/or such other duly constituted governmental authority as
<br /> shall have jurisdiction thereof.All Rules and Regulations of the Illinois Commerce Commission of
<br /> the State of Illinois applicable to the rights, privileges and authority granted by this Agreement,
<br /> in the event of conflict herewith, shall govern but only to the extent such rules and regulations
<br /> pre-empt Home Rule Authority.
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