The City grants to Company the right of eminent domain as provided in Section 364.2 of the Code of Iowa, subject to the following limitations:
1. Prior to the exercise of the Company’s right of eminent domain, the Company shall consult with the City in advance of the exercise of such right so as to minimize the impact of any such taking.
2. The Company shall obtain City’s consent, which shall not be unreasonably withheld, conditioned or delayed. Absent emergency, the City’s response contemplated herein shall be provided to the Company within thirty (30) days of receiving notice from the Company.
3. In the event the City withholds consent in accordance with this paragraph, the Parties agree to negotiate, in good faith, a mutually acceptable resolution that may include payment of costs by one party to another for said resolution.