§ IV. CONDITIONS OF RIGHT-OF-WAY OCCUPANCY.

A.

Location—All electric lines and appurtenant equipment for the purpose of installing, maintaining and operating electric lines, and appurtenant equipment necessary to deliver and sell electricity to persons, firms, and corporations, including the general public, for heat, light and power purposes installed by the Company in public rights-of-way shall be located so as to cause minimum interference with other facilities and proper uses of the rights-of-way. All above-ground fixtures shall be placed so as to not interfere with the usual travel on said rights-of-way. Underground facilities may be located under the traveled portion of rights-of-way provided the surface of such right-of-way is restored as hereunder provided.

B.

Restoration - If, while installing, repairing or maintaining its facilities, the Company disturbs the surface of any right-of-way or public place, the Company shall restore the surface to as good a condition as before the disturbance and maintain same to the satisfaction of the City Commission or of any City official to whom such duties have been or may be delegated, for one year from the date the surface of said street, alley, highway or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No such street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work.

C.

Specifications and Standards - All fixtures installed, repaired, maintained or operated shall be done so in compliance with all applicable City, State and Federal specifications and standards.

D.

Relocation of Facilities - In the event that any time during the period of this franchise, the City shall elect to alter or change the grade or location of any publicly owned utility, street, easement, alley, or other public way for the purpose of joint utilities or street improvement, the Company, upon reasonable notice by the City of the necessity, and after due consideration being given to Company's seasonal load requirements, shall remove, relay or relocate, at Company's determination, its electric lines and other related fixtures on the City's right-of-way at its own cost and expense.

E.

Indemnity by Company - The City shall not be liable or responsible for, and shall be saved and held harmless by the Company from any and all claims and damages of any kind (including injury to or death of any person or persons and damage to or loss of property) arising out of or attributed to the erection, construction or operation of any or all of the plants, systems, and works of Company. Company agrees to provide and pay for Commercial General Liability insurance with limits normally provided in other operations of this type by Company. The City shall be named as an Additional Insured. Company agrees to provide evidence of such insurance to the City Manager. Such evidence shall be a copy of the Certificate of Insurance.