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SECTION 10. The Municipality acknowledges that Company is vested in rights,
<br /> permissions and authority independent of this Agreement. Neither acceptance of this Agreement
<br /> nor compliance with its provisions shall impair in any way or waive any right, permission or
<br /> authority which Company may have independent of this Agreement. In addition, neither use by
<br /> Company of public property or places as authorized by this Agreement nor service rendered by
<br /> Company in said Municipality shall be treated as use solely of the rights, permission and
<br /> authority provided for by this Agreement and in no way shall indicate non-use of any right,
<br /> permission or authority vested in the Company independent of this Agreement. In the event the
<br /> Municipality vacates any streets, avenues, alleys, easements, rights of way, bridges or other
<br /> public places during the term of this Agreement, Municipality agrees to reserve unto Company
<br /> the rights, privileges and authority herein given and granted to the Company in upon, under,
<br /> along, over and across each and all of such vacated premises which are at that time in use by the
<br /> Company.
<br /> SECTION 11. All ordinances or agreements, and parts of ordinances or agreements in
<br /> conflict with this Agreement or with any of its provisions are, to the extent of such conflict,
<br /> hereby repealed.
<br /> SECTION 12. The Company shall indemnify and save harmless the Municipality and
<br /> all contractors, officers, employees and representatives thereof from all claims, demands, causes
<br /> of action, liability, judgments, costs and expenses or losses for injury or death to persons
<br /> indemnified herein, arising out of, caused by, or as a result of the Company's construction,
<br /> erection, maintenance, use or presence of, or removal of any mains, pipes, valves, equipment
<br /> and/or other apparatus, appurtenances thereto, or equipment or attachments thereto. The
<br /> foregoing indemnification shall not apply to the extent any such claim, demand, cause of action,
<br /> liability,judgment, cost, expense or loss arises out of, is caused by, or results from the negligent
<br /> or wrongful willful act or omission of the Municipality or any contractor, officer, employee or
<br /> representative thereof.
<br /> SECTION 13. This Agreement shall not relieve Company of the obligation to comply
<br /> with any ordinance now existing in the Municipality or enacted in the future requiring Company
<br /> to obtain written permits or other approval from the Municipality prior to commencement of
<br /> construction of facilities within the streets thereof, except Company shall not be required to
<br /> obtain permits or other approval from the Municipality for the maintenance, upgrading and
<br /> repair of its facilities. Except in cases of emergency, prior to engaging in any excavation activity
<br /> that is expected to create an obstruction or other hazardous condition in any street avenue, alley
<br /> or public place, the Company shall notify Municipality of the location and extent of the planned
<br /> excavation. In cases of emergency, Company shall notify Municipality of the location and extent
<br /> of any such activity as soon as practicable after the emergency has been abated.
<br /> SECTION 14. If any provision of this Agreement, or the application of such provision
<br /> to particular circumstances, shall be held invalid, the remainder of this Agreement, or the
<br /> application of such provision to circumstances other than those as to which it is held invalid,
<br /> shall not be affected thereby.
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