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<br />in accordance with the Comp~my's Tariffs as required by subdivision and <br />other regulations adopted by the City. <br /> <br /> <br />Section 3. City E~ld Harmless. The Company shall so maintain its <br /> <br />electric and gas plant equipment and distribution systems as to afford all <br /> <br /> <br />reasonable protection against injury or damage to persons or property there- <br /> <br />from, and the Company shall save the City harmless from all liability or <br /> <br />damage and all reasonable e~~enses necessarily accruing against the City <br /> <br />arising out of the negligent: exercise by the Company of the rights and <br /> <br />privileges hereby granted; provided, that the Company shall have had notice <br /> <br />of the pendency of any action against the City arising out of such exercise <br /> <br />by the Company of said rights and privileges and be permitted at its own <br /> <br />expense to appear and defend or assist in the defense of the same. <br /> <br />Section 4. ChangE!S at Company Expense. If at any time it <br /> <br />shall be necessary to changE! the position of any pole, gas main, conduit <br /> <br />or service connection of thE! Company located in dedicated public right of <br /> <br />ways pursuant to the grant of this franchise to permit the City to lay, make <br /> <br />or change street grades, pa,rements, sewers, water main, such changes shall be <br /> <br />made by the Company at its own expense. <br /> <br />ARTICLE III <br /> <br />Section 1. Heating Value. The natural gas to be supplied here- <br /> <br />under shall contain a monthly average gross heating value of not less than the <br /> <br />heating value set forth in applicable and effective Rules and Regulations as <br /> <br />are effective from time to 1:ime with The Public Utilities Commission of the <br /> <br />State of Colorado. <br /> <br />Section 2. Adequacy of Supply. The Company shall, at all times, <br /> <br />during the term of this franchise, take all reasonable and necessary steps to <br /> <br />assure an adequate natural gas supply, but if unable to reasonably procure the <br /> <br />same, the Company shall and is hereby authorized to supply an adequate amount <br /> <br />of other gaseous fuels, as hereinbefore defined, or mixtures thereof, to satisfy <br /> <br /> <br />the requirements of the City and the inhabitants thereof. The Company shall <br /> <br /> <br />have the further right to supply said other gaseous fuels, or mixtures thereof, <br /> <br /> <br />at periods of peak usage or at such other times or for such purposes which <br /> <br />-3- <br />