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- <br />• <br />Section 3. That the facilities shall. be so located <br />or relocated and so constructed as to interfere as little as <br />practicable with traffic over said streets, alleys, bridges, and <br />public places, and with reasonable egress from and ingress to <br />abutting property. The location or relocation of all facilities <br />shall be made under the supervision: and with the approval of such <br />representatives as the governing body of Grantor may designate for <br />the purpose, but not so as unreasonably to interfere with the <br />proper operation of Grantee's facilities and service. That when <br />any portion of a street is excavated by Grantee in the location or <br />relocation of any of its facilities, the portion of the street so <br />excavated shall, within a reasonable time and as early as <br />practicable after such excavation, be replaced by the Grantee at <br />its expense, and in as good condition as it was at the time of <br />such excavation. Provided, however, that nothing herein contained <br />shall be construed to make the Grantor liable to the Grantee for <br />any cost or expense in connection with the construction, <br />reconstruction, repair or relocation of Grantee's facilities in <br />streets, highways and other public places made necessary by the <br />widening, grading, paving or otherwise improving by said Grantor, <br />of any of the present and future streets, avenues, alleys, <br />bridges, highways, easements and other public places used or <br />occupied by the Grantee, except, however, Grantee shall be <br />entitled to reimbursement of its costs as may be provided by law. <br />Section 4. That Grantor shall in no way be liable <br />or responsible for any accident or damage that may occur in the <br />construction, operation or maintenance by Grantee of its <br />facilities hereunder, and the acceptance of this Resolution shall <br />be deemed an agreement on the part of Grantee to indemnify Grantor <br />and hold it harmless against any and all liability, loss, cost, <br />damage, or expense, which may accrue to Grantor by reason of the <br />neglect, default or misconduct of Grantee in the construction, <br />operation or maintenance of its facilities hereunder. <br />section 5. That all rates and rules and regulations <br />established by Grantee from time to time shall be reasonable and <br />Grantee's rates for wastewater shall at all times be subject to <br />-2- <br />CGD <br />