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appropriate agency, subject to the timely filing for permits by BREEZELIKE. <br />C. BREEZELIKE warrants that the design of the Underground Facilities to which CITY has <br />agreed are in compliance with all operational and safety guidelines, codes and standards. <br />BREEZELIKE and CITY have mutually agreed upon the location of the facilities within <br />the ROW as per the construction drawings. Said construction drawings are attached as <br />Exhibit "A" to this Agreement, are part of this Agreement, and may be amended to reflect <br />changes to location of facilities as required. <br />D. If the price for any item of materials to be used on the Conversion increases ten percent <br />(10%) or more between Agreement signing and materials purchase, the CITY shall pay to <br />BREEZELINE, on request, all sums by which the cost to BREEZELiNE for any materials <br />item has increased beyond 10%, as demonstrated by BREEZELINE. <br />3. Relocation and Rearrangement of BREEZELINE Facilities. If the CITY or other <br />agency with control over the CITY ROW or Other ROW, for any reason whatsoever, requires that <br />BREEZELIKE relocate or rearrange, in whole or in part, any Underground Facilities (as they are <br />to exist as a result of this Conversion, or as they may later be modified, upgraded, or otherwise <br />altered) from or within the CITY ROW or Other ROW, the CITY, notwithstanding any language <br />to the contrary in any applicable permit or franchise agreement, and prior to any such relocation <br />by BREEZELIKE, shall provide BREEZELINE with a substitute location, satisfactory to <br />BREEZELINE, obtain any easements that may be necessary, and shall pay BREEZELINE for the <br />costs of any such relocation, adjustment or rearrangement, now or in the future. CITY shall <br />reimburse BREEZELINE for all costs to locate, expose, protect or' support the Underground <br />Facilities, whether underground or above ground, in the event of future construction or excavation <br />in close proximity to the Underground Facilities, when such services are required by CITY or other <br />agency with control over the CITY ROW or Other ROW CITY shall use its best efforts in any <br />design and construction of its future road improvement projects to avoid or mitigate the necessity <br />of relocating or adjusting the Underground Facilities in CITY ROW and, to the extent reasonably <br />practicable, in Other ROW. <br />CITY shall only be responsible for relocation costs associated with replacement facilities <br />conforming to BREEZELINE standards in effect at the time of relocation. Any costs associated <br />with the replacement facilities to provide increased capacity, improved reliability, future use <br />facilities, or other such enhancements over and above the BREEZELINE standards in effect at the <br />time of the relocation shall not be the responsibility of CITY. <br />Nothing herein shall preclude CITY from obtaining reimbursement for any and all costs <br />requiring BREEZELiNE to relocate or rearrange any of its Underground Facilities from that entity <br />which initiated the requirement for the relocation or rearrangement of the facilities, excluding only <br />other agencies which own or have jurisdiction over the ROW. <br />BREEZELIKE shall be responsible for any and all costs of removal or relocation when such <br />removal or relocation is initiated by BREEZELINE. Additionally, BREEZELINE agrees that when <br />any portion of a street is excavated by BREEZELINE in the location, relocation or repair of any <br />of its facilities when said location, relocation or repair is initiated by BREEZELINE, the portion <br />of the street so excavated shall, within a reasonable time and as early as practical after such <br />excavation, be replaced by BREEZELIKE at its expense in a condition as good as it was at the <br />Page 2 of 8 <br />