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2. Conditions Precedent to Placement of Underground Facilities in ROW <br /> (a) City covenants, represents and warrants that: <br /> (i) City has full legal right and authority to enter into this Agreement; <br /> (ii) City has full legal right and authority to take all actions and <br /> measures necessary to fulfill City' s obligations under this <br /> Agreement; <br /> (iii) City hereby authorizes the use of the ROW by ABB for the <br /> purposes stated herein. <br /> (b) All applicable permits for ABB, to be issued by the City, to install, construct, <br /> or maintain Underground Facilities in ROW must be issued on a timely basis <br /> by the appropriate agency, subject to the timely filing for permits by ABB. <br /> (c) ABB warrants that the design of the Underground Facilities to which City <br /> has agreed are in compliance with all operational and safety guidelines, <br /> codes and standards. ABB and City have mutually agreed upon the location <br /> of the facilities within the ROW as per the construction drawings. Said <br /> construction drawings shall be attached as Exhibit "A" to this Agreement, are <br /> part of this Agreement, and may be amended to reflect changes to location of <br /> facilities as required. <br /> 3. Relocation and Rearrangement o f ABB Facilities. If the City or <br /> other agency with control over the City ROW or Other ROW,for any reason <br /> whatsoever, requires that ABB relocate or rearrange, in whole or in part, any <br /> Underground Facilities (as they are to exist as a result of this Conversion, or as they may <br /> later be modified, upgraded, or otherwise altered) from or within the City ROW or <br /> Other ROW, the City, notwithstanding any language to the contrary in any applicabl e <br /> permit or franchise agreement, and prior to any such relocation by ABB, shall <br /> provide ABB with a substitute location, satisfactory to ABB, obtain any easements <br /> that may be necessary, and shall pay ABB for the costs of any such relocation, <br /> adjustment or rearrangement, now or in the future. City shall reimburse ABB for all <br /> costs to locate, expose, protect or support the Underground Facilities, whether <br /> underground or above ground, in the event of future construction or excavation in <br /> close proximity to the Underground Facilities, when such services are required by <br /> City or other agency with control over the City <br /> Page 2 of 8 <br />