Model Franchise Agreement (Page 5 of 9) in pdf

Superintendent, the Gas Company shall provide one copy of the drawings in an electronic

format and one copy as a hard copy drawing.

7. Emergencies

In the event of an emergency involving the gas system, the Gas Company shall proceed

with the work required to deal with the emergency, and in any instance where prior

approval of the Engineer/Road Superintendent is normally required for the work, the Gas

Company shall use its best efforts to immediately notify the Engineer/Road

Superintendent of the location and nature of the emergency and the work being done and,

if it deems appropriate, notify the police force, fire or other emergency services having

jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at

least one 24 hour emergency contact for the Gas Company and shall ensure the contacts

are current.

8. Restoration

The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the

Engineer/Road Superintendent, all highways, municipal works or improvements which it

may excavate or interfere with in the course of laying, constructing, repairing or

removing its gas system, and shall make good any settling or subsidence thereafter

caused by such excavation or interference. If the Gas Company fails at any time to do any

work required by this Paragraph within a reasonable period of time, the Corporation may

do or cause such work to be done and the Gas Company shall, on demand, pay the

Corporation's reasonably incurred costs, as certified by the Engineer/Road

Superintendent.

9. Indemnification

The Gas Company shall, at all times, indemnify and save harmless the Corporation from

and against all claims, including costs related thereto, for all damages or injuries

including death to any person or persons and for damage to any property, arising out of

the Gas Company operating, constructing, and maintaining its gas system in the

Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided

that the Gas Company shall not be required to indemnify or save harmless the

Corporation from and against claims, including costs related thereto, which it may incur

by reason of damages or injuries including death to any person or persons and for damage

to any property, resulting from the negligence or wrongful act of the Corporation, its

servants, agents or employees.

10. Insurance

a. The Gas Company shall maintain Comprehensive General Liability Insurance in

sufficient amount and description as shall protect the Gas Company and the

Corporation from claims for which the Gas Company is obliged to indemnify the

Corporation under Paragraph 9. The insurance policy shall identify the

Corporation as an additional named insured, but only with respect to the operation

of the named insured (the Gas Company). The insurance policy shall not lapse or

be cancelled without sixty (60) days' prior written notice to the Corporation by the

Gas Company.

Model Franchise Agreement Page 5