Common use of Underground Installation Clause in Contracts

Underground Installation. The CITY generally requires utilities to be located underground in areas being newly developed. In all locations within the CITY where all utility services are required to be located underground in accordance with permits issued for such new developments, unless otherwise authorized by CITY in writing and subject to applicable law, all of PROVIDER’s new facilities shall be constructed underground. Nothing herein shall require PROVIDER to convert existing overhead facilities to underground facilities until and unless all other providers in the same location are required to do so. If undergrounding is caused by or required due to the activities of a third party, PROVIDER’s undergrounding costs shall be borne by the third party, and the CITY agrees to make the same a condition of any permits issued to such third party.Unless otherwise provided, all of PROVIDER’s facilities within the CITY shall be constructed underground. Notwithstanding the provisions of Article 1.3 of this Agreement, PROVIDER expressly agrees to install and maintain all of its facilities in accordance with CITY Ordinances regarding the undergrounding of utility lines, in effect at the time this Agreement is entered into and as subsequently amended during the term of this Agreement. Nothing herein shall require PROVIDER to convert existing overhead facilities to underground facilities until and unless other similarly situated providers in the same location are required to do so.