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<br />causes or is alleged to cause any personal injury or property damage. If and
<br />only in the event the City is sued as a result of any such occurrence during
<br />the Term hereof, Grantee agrees to indemnify and hold harmless the City
<br />from any liability or damages caused by any negligent or wrongful act or
<br />omission of Grantee, if any.
<br />
<br />Section 2. Definitions.
<br />
<br />(a) For purposes of this Ordinance, "the PG&E Pipeline System" shall
<br />mean the intrastate, interurban natural gas and natural gas liquids
<br />transmission pipelines and all their appurtenant facilities, including,
<br />but not limited to, mains, spurs, laterals, meters, valves, corrosion
<br />protection systems, city gates, and all other similar facilities of PG&E,
<br />located in, under or along City Rights of Way. The PG&E Pipeline
<br />System includes all pipelines and facilities owned, leased, operated
<br />and/or controlled, in whole or in part (such as through a joint venture
<br />or partnership, for example), by PG&E or an affiliate. The PG&E
<br />Pipeline System has been disclosed to the City and/or its counsel by
<br />maps, written descriptions or by other identification as may have been
<br />requested or required by the City. The PG&E Pipeline System is not
<br />a "local gas distribution system ("LDC")," as that term is customarily
<br />understood, and is dissimilar in function and purpose to local
<br />municipal or investor-owned public utilities operating in and franchised
<br />in various Texas cities. The consent, permit, rights and privileges
<br />granted by this Ordinance encompass the PG&E Pipeline System and
<br />the operations, lines of business, and business activities of Grantee
<br />in the City; such grants however do not allow the PG&E Pipeline
<br />System or any portion thereof hereafter to be operated, used or
<br />maintained as an LDC, as above described.
<br />
<br />(b) In this Ordinance, "City Rights of Way" shall mean any public
<br />easement, street, road, avenue, highway, freeway, toll road, bridge,
<br />alley, boulevard, sidewalk, park, parkway, lane, drive, circle, canal,
<br />sanitary or storm sewer runoff, drainage ditch, dump, landfill or other
<br />public property, thoroughfare, way, or place currently owned or
<br />controlled by, and/or located within or which may in the future be
<br />constructed within or annexed into the corporate limits of, the City,
<br />including all in-city portions of any federal or state highway, farm to
<br />market road, or other right of way designated as part of the Texas
<br />state highway system by the Texas Department of Transportation,
<br />Texas Transportation Commission, State Highway Commission,
<br />and/or any predecessor thereof.
<br />
<br />ConsenUPermit Ordinance for San Benito Class Cities
<br />Page 2 - VerS.11
<br />October 18,1999 (12:10PM)
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<br />PAGE 2 of 10 of
<br />EXHIBIT A
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