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DPS \56925 \478939.02 <br />DRAFT CITY OF LOUISVILLE ORDINANCE <br />ARTICLE 8 <br />INDEMNIFICATION OF THE CITY <br />§8.1 City Held Harmless and Indemnified. The Company shall indemnify, defend and hold the <br />City harmless from and against all liability or damage and all claims, demands arising out <br />of Company's operations within the City pursuant to this franchise, or related to or arising <br />out of the exercise by the Company of any rights granted under this franchise. The City <br />and the Companv shall provide prompt written notice to one another of the pendency of <br />any claim or action against the other arising out of the exercise by the Company of its <br />franchise rights. The City and the Company shall be permitted, at r their respective own <br />expense, to appear and defend or to assist in defense of such claims. The Company shall <br />not be obligated to indemnify, defend, or hold the City harmless to the extent any claim, <br />demand or lien has been determined by a court of competent jurisdiction to have arisen <br />out of or in connection with an intentional or negligent act or failure to act of the City or <br />any of its officials, agents or employees, or to the extent that any claim, demand or lien <br />has been determined by a court of competent jurisdiction to have arisen out of or in <br />connection with the use of City facilities by persons other than the Company. <br />§8.2 Payment of Ordinance Expenses. The Company shall reimburse the City for actual out - <br />of- pocket expenses incurred in publishing notices and ordinances; and conducting <br />elections related to this franchise. <br />ARTICLE 9 <br />UNDERGROUND CONVERSION OF OVERHEAD ELECTRIC FACILITIES <br />§9.1 Underground Conversion at Expense of Company. The Company shall allocate an annual <br />amount, equivalent to one percent (1 %) of the preceding year's Electric Revenues derived <br />by the Company from the distribution of electricity to customers within the City, for the <br />purpose of undergrounding its overhead electric distribution facilities in the City; <br />,- { Deleted: the Company <br />Deleted: City <br />Deleted: its <br />