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for such rearrangement, relocation or reconstruction shall <br />be required and City will (1) enter into a Joint Use <br />Agreement on the same terms and conditions as are herein set <br />forth covering any such subsequent relocation of Company's <br />facilities within said highway rightA Of way, (2) provide <br />executed document(s) granting to Company a good and <br />sufficient easement or easements over private property if <br />necessary to replace Company's rights in joint use area or <br />any part thereof, and (3) reimburse Company for any costs <br />which it may be required to expend to acquire such easement <br />or easements, provided it is mutually agreed in writing that <br />Company shall acquire such easement or easements. Prior to <br />abandoning or vacating City's rights within such highwa <br />right o.f way --City agrees to retain or acquire._such easement <br />or easements as company_may require within said jointuse <br />area. <br />city agrees to reimburse Company for any loss <br />Company may suffer because of lack of or defect in City's <br />title to said joint use area or any subsequent location <br />within said highway right of way, or in the title to any <br />easement provided by City over private property, to which <br />Company relocates its facilities pursuant to the provisions <br />hereof, and City agrees that if Company is ever required to <br />relocate its facilities because of any such lack of or <br />defect in title, City shall reimburse Company for the cost <br />of relocating its facilities and any other reasonable costs <br />arising therefrom, such as, but not limited to, costs to <br />acquire any right of way required for such relocation. City <br />shall not reimburse Company for any loss caused by Company's <br />own fault or negligence. <br />Except as expressly set forth herein, this <br />agreement shall not in any way alter, modify or terminate <br />any provision of Company's easement. Both City and Company <br />shall use said joint use area in such a manner as not to <br />interfere unduly with the rights of the other. Nothing <br />herein contained shall be construed as a release of waiver <br />of any claim for compensation or damages which Company or <br />City may now have or may hereafter acquire resulting from <br />the construction of additional facilities or the alteration <br />of existing facilities by either City or Company in such a <br />manner as to cause an unreasonable interference with the use <br />of said joint use area by the other party. City agrees that <br />Company's facilities shall not be damaged by reason of the <br />construction, reconstruction or maintenance of said street <br />or highway, by the City or its contractors, and that, if <br />necessary, city will protect Company's facilities against <br />any such damage, at City's expense. <br />-3- <br />