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<br />sell, convey, transfer, lease, or assign all or any portion of the Pipeline System. Grantee
<br />agrees to give written notice to the City, within a reasonable time afterward, of any such
<br />conveyance, sale, transfer, lease, or assignment, but failure to provide such notice shall
<br />not constitute a forfeiture of any of Grantee's rights under the terms and conditions of the
<br />Ordinance. The consent, permit, rights and privileges granted by this Ordinance
<br />encompass the Pipeline System and the operations, lines of business, and business
<br />activities of Grantee in the City; but such grants do not allow the Pipeline System or any
<br />portion thereof hereafter to be operated, used or maintained as an LDC (as such term is
<br />defined above). Therefore, absent separate and express City consent and agreement, no
<br />such conveyance, sale, transfer, lease, or assignment by Grantee, as authorized herein,
<br />shall constitute or convey to any buyer, transferee, lessee, or assignee the right, power
<br />or privilege to operate as an lDC within the City.
<br />
<br />Section 14. Indemnity.
<br />
<br />Except as expressly provided for below, this Ordinance does not address or concern, and
<br />shall not be construed to have any application to, any future occurrence involving leakage,
<br />rupture, fire or explosion involving any in-City portion of the Pipeline System which causes
<br />or is alleged to cause any personal injury or property damage. If and only in the event the
<br />City is sued as a result of any such occurrence during the Term, and subject to the
<br />language and conditions hereof, the Grantee agrees to indemnify and hold harmless the
<br />City from any adjudged liability and damages caused by any negligent or wrongful act or
<br />omission of Grantee relating to the construction, maintenance, operation, or repair of the
<br />Pipeline System; provided, however, the City shall promptly notify Grantee in writing of
<br />such claim or lawsuit. In the event that City desires to settle any such claim or suit relating
<br />to any matter for which indemnification is or will be sought by City hereunder, prior to final
<br />judgment by the court, then this indemnity shall be without legal effect, unless the City
<br />obtains Grantee's written consent to such settlement. Grantee shall have the right, but not
<br />the obligation, to assume the defense of any claim made against the City relating to any
<br />matter for which indemnification is or will be sought hereunder. Grantee agrees to bear
<br />the costs of defense in circumstances in which Grantee assumes the defense.
<br />
<br />Section 15. Effective Date and Controlling Effect of this Ordinance.
<br />
<br />This ordinance shall become effective upon the last in time of its final passage and
<br />adoption by the City in the form accepted by the Grantee and the payment in full to the City
<br />of the Agreed Sum. Upon such effective date, this Ordinance shall constitute a contract
<br />between the City and Grantee and shall govern the rights and relationships between the
<br />City and Grantee for the duration of the Term, and it shall supersede and take precedence
<br />over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed
<br />by the City.
<br />
<br />PASSED on first reading on
<br />PASSED on second reading on
<br />
<br />T1l1y 7i
<br />
<br />,2001.
<br />,2001.
<br />
<br />August 13
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