Utility Relocations. The Project is being designed to avoid utility relocations. However, in the event that a utility relocation is found to be necessary, JPB shall be responsible, at its sole cost and expense, to locate all pipelines (including, without limitation, high pressure petrol pipelines, gas and water pipelines), fiber optic lines and all other utilities of any nature (“Facilities”) on the Right-of-Way in the vicinity of the Project, which must be relocated. JPB shall be responsible for relocating or arranging for the relocation of all such Facilities that would interfere with construction or operation of the Project or Improvements. JPB shall contact and work with the owners of these Facilities to identify their exact location and arrange for relocation as needed. Nothing herein shall preclude JPB from seeking reimbursement from the owners or other third parties for costs of Facilities relocation. Unless otherwise prohibited by contract or law and if any such rights exist, JPB shall be assigned the rights to reimbursement of relocation costs from the party on whose property the utilities are located. However, JPB must request and be granted reimbursement of relocation costs prior to relocating the utilities in question. JPB shall not be entitled to reimbursement of relocation costs for Facilities owned by City. The parties to this Agreement shall work cooperatively to minimize the cost of utility relocations.
Appears in 2 contracts
Sources: Railroad Construction and Maintenance Agreement, Railroad Construction and Maintenance Agreement