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ROW or Other ROW Local Government shall use its best efforts in any design and <br /> construction of its future road improvement projects to avoid or mitigate the necessity of <br /> relocating or adjusting the Underground Facilities in Local Government ROW and, to <br /> the extent reasonably practicable, in Other ROW. <br /> Local Government shall only be responsible for relocation costs associated with <br /> replacement facilities conforming to FPL standards in effect at the time of relocation. <br /> Any costs associated with the replacement facilities to provide increased capacity, <br /> improved reliability, future use facilities, or other such enhancements over and above the <br /> FPL standards in effect at the time of the relocation shall not be the responsibility of <br /> Local Government. <br /> Nothing herein shall preclude Local Government from obtaining reimbursement <br /> for any and all costs requiring FPL to relocate or rearrange any of its Underground <br /> Facilities from that entity which initiated the requirement for the relocation or <br /> rearrangement of the facilities, excluding only other agencies which own or have <br /> jurisdiction over the ROW. <br /> FPL shall be responsible for any and all costs of removal or relocation when such <br /> removal or relocation is initiated by FPL. Additionally, FPL agrees that when any <br /> portion of a street is excavated by FPL in the location, relocation or repair of any of its <br /> facilities when said location, relocation or repair is initiated by FPL, the portion of the <br /> street so excavated shall, within a reasonable time and as early as practical after such <br /> excavation, be replaced by FPL at its expense in a condition as good as it was at the time <br /> of such excavation. <br /> 4. Abandonment or Sale of Local Government ROW. If the Local <br /> Government desires to subsequently abandon or discontinue use of the Local Government <br /> ROW, and ownership of the land is transferred to a private party, the Local Government, <br /> as a condition of and prior to any such sale, abandonment, or vacation, shall grant <br /> FPL an easement satisfactory to FPL for the Underground Facilities then existing <br /> within the ROW or require the transferee to so grant FPL an easement satisfactory to <br /> FPL at the time of transfer. If ownership of the Local Government ROW is transferred <br /> to another public entity, that public entity shall take the ROW subject to the terms and <br /> conditions of this Agreement. <br /> 5. Term. This Agreement shall remain in effect for as long as FPL or any <br /> successor or assign owns or operates the Underground Facilities placed in the ROW. <br /> 6. Title and Ownership of Underground Facilities. Title and ownership of <br /> Underground Facilities installed by FPL as a result of this Agreement shall, at all times, <br /> remain the property of FPL. <br /> 7. Conversion Outside ROW. In the event that the FPL Underground <br /> Facilities are not, for any reason other than the sole error of FPL or its contractors, <br /> Page 3 of 6 <br />