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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 public
<br /> places during the term of this Agreement, Municipality agrees to reserve unto Company the rights,
<br /> privileges and authority herein given and granted to the Company in upon, along, over and across
<br /> each and all of such vacated premises which are at the time in use by the Company.
<br /> SECTION 13. All ordinances, agreements, or 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 hereby repealed.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 14. The Company shall indemnify and save harmless the Municipality and all
<br /> contractors, officers, employees and representatives thereof from all claims, demands, causes of
<br /> action, liability,judgments, costs and expenses or losses for injury or death to persons or damage
<br /> to property owned by, and Worker's Compensation claims against any parties indemnified herein,
<br /> arising out of, caused by, or as a result of the Company's construction, erection, maintenance, use
<br /> or presence of, or removal of any poles, wires, lines, cables, conduit, appurtenances thereto, or
<br /> equipment or attachments thereto. The foregoing indemnification shall not apply to the extent any
<br /> such claim, demand, cause of action, liability, judgment, cost, expense or loss arises out of, is
<br /> caused by, or results from the negligent or wrongful willful act or omission of the Municipality or
<br /> any contractor, officer, employee or representative thereof.
<br /> SECTION 15. This Agreement shall not relieve Company of the obligation to comply
<br /> with any ordinance of uniform application now existing in the Municipality or enacted in the
<br /> future including, but not limited to, ordinances requiring Company to obtain written permits or
<br /> other approval from the Municipality prior to commencement of construction of facilities within
<br /> the streets thereof, except Company shall not be required to obtain permits or other approval from
<br /> the Municipality for the maintenance, upgrading and repair of its constructed facilities provided
<br /> no excavation is necessary. Provided, however, if excavation is necessary no permit fee shall be
<br /> payable by Company. Company shall provide notice of excavation hereunder in accordance with
<br /> the Illinois Underground Utility Damage Prevention Act (220 ILCS 50/1,et seq.)
<br /> SECTION 16. If any provision of this Agreement, or the application of such provision to
<br /> 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, shall
<br /> not be affected thereby.
<br /> SECTION 17. Any conflict between the Franchise Agreement and the provisions
<br /> contained in the Electric Service Customer Choice and Rate Relief Law of 1997 (Public Act 90-
<br /> 561) will be resolved by giving the state statute mandatory priority over any contrary language
<br /> contained in the Franchise Agreement as to electric service customer choice and electric rates only.
<br /> SECTION 18. This Agreement shall take effect and the rights, privileges and authority
<br /> hereby granted and renewed shall vest in Company upon its filing of an acceptance with the City
<br /> Clerk according to the terms prescribed herein and as provided for in Section 12 and in IL Rev 35
<br /> ILCS 645/5-4. This Agreement shall be in full force from and after its passage and approval, in
<br /> the manner provided by law.
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