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<br /> (d) Maps
<br /> Upon request by the Municipality,the Company shall file with the MTR a map which details existing and new
<br /> facilities. Subject to the provisions of the Illinois Freedom of Information Act, Ill. Rev. Stat. Ch. 116, par. 201 et.
<br /> seq. (1989), any maps, plans or drawings depicting Company facilities that have been properly designated
<br /> "Confidential"shall be regarded by the Municipality as proprietary and confidential as to third parties. The
<br /> foregoing shall not apply to any information which the Municipality can demonstrate is in the public domain
<br /> through no breach of this Agreement by the Municipality.The Company and Municipality agree, to the extent
<br /> practicable,to exercise their best efforts to coordinate the timing of the construction activities of each, so as to
<br /> minimize any public inconvenience. On or about January 1, of each year, or as otherwise agreed to by the
<br /> parties, the Company shall meet with the Municipality to detail,to the extent possible, its currently planned
<br /> construction activities within the Municipality.
<br /> SECTION 3. REPAIR OF COMPANY WORK SITES
<br /> The Company, after doing any excavating or construction work shall, at its sole cost and expense, promptly
<br /> repair and restore the site including all sidewalks, parkways or pavements disturbed by the Company to the
<br /> condition in which it existed prior to the performance of the work, or nearly as practicable as determined by
<br /> the Municipality in the exercise of its reasonable discretion. In the event that any such sidewalk, parkway
<br /> or pavement shall become uneven, unsettled,or otherwise requires repairing, because of such disturbance
<br /> by the Company, then the Company,as soon as climatic conditions will permit, shall promptly, upon receipt
<br /> of notice from the Municipality so to do, cause such sidewalk, parkway or pavement to be repaired or restored
<br /> to the condition in which it existed before said sidewalk, parkway or pavement was disturbed by the Company.
<br /> Such restoration shall be completed within ten (10)days after the date of commencement of such restoration
<br /> work. In the event that the Company fails to commence and complete the restoration work in the manner and
<br /> within the time periods prescribed herein,the Municipality may, but shall have no obligation to, perform such
<br /> work and recover from the Company any costs and expenses the Municipality incurs. In the event that such
<br /> public way or improvement cannot be so repaired, replaced or restored, the Company shall justly compensate
<br /> the Municipality.All excavations in lawns or grassy parkways shall be immediately backfilled,tamped and then
<br /> restored within a reasonable time thereafter to the original condition with sod or hydroseed in accordance with
<br /> the applicable provisions of this Agreement. The Company shall keep all structures which it shall construct by
<br /> virtue of this ordinance, in a reasonably safe condition at all times, and shall maintain such barriers and danger
<br /> signals during the construction, repair or renewal work performed hereunder as will reasonably avoid danger to
<br />' life, limb and property.
<br /> SECTION 4. DEFENSE, INDEMNIFICATION OF MUNICIPALITY
<br /> The company shall, at its own expense, defend all suits that may be brought against the Municipality on
<br />' account of or in connection with the violation by the Company of any of the obligations hereby imposed upon
<br /> or assumed by it, or by reason of or in connection with any damage to life, limb or property connected with its
<br />, failure to meet its obligation hereunder or any of the structures constructed or maintained by it under or by
<br /> virtue of this Agreement, and hotd and save the Municipality harmless from any and all liability and expense
<br /> as herein defined. As used in this Section, liability and expenses shall include judgments, costs and damage
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