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ROW or Other ROW City shall use its best efforts in any design and <br /> construction of its future road improvement projects to avoid or mitigate <br /> the necessity of relocating or adjusting the Underground Facilities in <br /> City ROW and, to the extent reasonably practicable, in Other .ROW. <br /> City shall only be responsible for relocation costs associated with <br /> replacement facilities conforming to ABB standards in effect at the time <br /> of relocation. Any costs associated with the replacement facilities to • <br /> provide increased capacity, improved reliability, future use facilities, or <br /> other such enhancements over and above the ABB standards in effect at <br /> the time of the relocation shall not be the responsibility of City. <br /> Nothing herein shall preclude City from obtaining reimbursement <br /> for any and all costs requiring ABB to relocate or rearrange any of <br /> its Underground Facilities from that entity which initiated the <br /> requirement for the relocation or rearrangement of the facilities, <br /> excluding only other agencies which own or have jurisdiction over the <br /> ROW. <br /> A.BB shall be responsible for any and all costs of removal .or <br /> relocation when such removal or relocation is initiated by ABB. <br /> Additionally, ABB agrees that when any portion of a street is excavated <br /> by ABB in the location, relocation or repair of any of its facilities when <br /> said location, relocation or repair is initiated by ABB, the portion of the <br /> street so excavated shall, within a reasonable time and as early as <br /> practical after such excavation, be replaced by ABB at its expense in a <br /> condition as good as it was at the time ofsuch excavation. <br /> 4. Abandonment or Sale of City ROW. If the City desires <br /> to subsequently abandon or discontinue use of the City ROW, and <br /> ownership of the land is transferred to a private party, the City, as a <br /> condition of and prior to any such sale, abandonment, or vacation, <br /> shall grant ABB an easement satisfactory to ABB for the Underground <br /> Facilities then existing within the ROW or require the transferee to so <br /> grant ABB an easement satisfactory to ABB at the time of transfer. If <br /> ownership of the City ROW is transferred to another public entity, that <br /> public entity shall take the ROW subject to the terms and conditions of <br /> this Agreement. <br /> 5. Term. This Agreement shall remain in effect for as long <br /> as ABB or any successor or assign owns or operates the Underground <br /> 'Facilities placed in the ROW. <br /> Page 3 of 8 <br />