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6. Title and Ownership of Underground Facilities.Title and <br /> ownership of Underground Facilities installed by ABB as a result of this <br /> Agreement shall, at all times, remain the property of ABB. <br /> 7. Conversion Outside ROW. In the event that the ABB <br /> Underground Facilities are not, for any reason other than the sole <br /> error of ABB or its contractors, constructed within the ROW, City <br /> shall grant or secure, at City's sole cost and expense, new easements or <br /> ROW grants for the benefit of ABB for the placement of the <br /> Underground Facilities in these areas, and shall secure subordinations <br /> of any mortgages affecting these tracts to the interest of ABB. I n the <br /> alternative, at the discretion of City. City shall reimburse ABB for all <br /> costs incurred to remove said facilities which were constructed outside <br /> the ROW and for reinstallation within the ROW. ABB shall be responsible <br /> at completion of construction for notifying City in writing of ABB's <br /> approval and acceptance of the conversion as being constructed within <br /> the ROW. Upon acceptance there shall be no further responsibility on <br /> the City for relocations referenced in this'paragraph. <br /> 8. Venue; Waiver of Jury Trial. This Agreement shall be <br /> enforceable in Miami-Dade County, Florida, and if legal action is <br /> necessary by either party with respect to the enforcement of any or all of <br /> the terms or conditions herein, exclusive venue for the enforcement of <br /> same shall lie in Miami-Dade County, Florida. By entering into this <br /> Agreement, ABB and the City expressly waive any rights either party may <br /> have to a trial by jury of any civil litigation related to or arising out of <br /> this Agreement. THIS AGREEMENT SHALL BE CONSTRUED 1N <br /> ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. <br /> 9. Attorney Fee. In the event it becomes necessary for <br /> either party to institute or defend legal proceedings as a result of the <br /> failure of the other party to comply with the terms, covenants, or <br /> provisions of this Agreement, each party in such litigation shall bear its <br /> own cost and expenses incurred and extended in connection therewith, <br /> including, but not limited to attorneys' fees and court costs through all <br /> trial and appellate levels. <br /> • <br /> 10. Assignment. The City shall not assign this Agreement <br /> without the written consent of ABB. <br /> Page 4 of 8 <br />