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<br />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 ROWand, to <br />the extent reasonably practicable, in Other ROW. <br /> <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 /> <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 /> <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 /> <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 ofthe 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 tern1S and <br />conditions of this Agreement. <br /> <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 /> <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 /> <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 /> <br />Page 3 of 6 <br />