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acknowledged, intending to be legally bound hereby, the parties covenant and agree as follows : 1 . The foregoing recitals are true and correct, and are hereby incorporated by reference into this Agreement . 2 . Conditions Precedent to Placement of Underground Facilities in ROW. (a) Local Government covenants , represents and warrants that : ( i) Local Government has full legal right and authority to enter into this Agreement; (ii) Local Government has full legal right and authority to take all actions and measures necessary to fulfill Local Government ' s obligations under this Agreement ; (iii) Local Government hereby authorizes the use of the ROW by FPL for the purposes stated herein . (b) All applicable permits for FPL to install , construct, or maintain Underground Facilities in ROW must be issued on a timely basis by the appropriate agency, subject to the timely filing for permits by FPL . (c ) Local Government agrees to provide , at Customer ' s expense , a legal description that is acceptable to FPL of the ROW to be occupied by the Underground Facilities at a time before FPL initiates the design of the Underground Facilities . Said legal description shall be made part of this Agreement and attached as Exhibit " A " . (d) FPL agrees to identify and document all existing FPL underground facilities within the ROW that will not be included under this Agreement . To the extent that FPL seeks reimbursement for its reasonable costs and expenses to deliver said documentation , FPL shall seek reimbursement from Customer . Said documentation shall be made part of this Agreement and attached as Exhibit " B " . ( e) FPL warrants that the design of the Underground Facilities to which Local Government has agreed are in compliance with all operational and safety guidelines , codes and standards . FPL and Local Government have mutually agreed upon the location of the facilities within the ROW as per the construction drawings . Said construction drawings shall be attached as Exhibit " C " to this Agreement, are part of this Agreement, and may be amended to reflect changes to location of facilities as required . 3 . Relocation , Removal and/or Rearrangement of FPL Facilities . If the Local Government or other agency with control over the Local Government ROW or Other ROW , for any reason whatsoever, requires that FPL relocate , remove and/or or rearrange , in whole or in part , any Underground Facilities (as they are to exist as a result of this Installation, or as they may later be modified , upgraded, or otherwise altered) from or within the Local Government ROW or Other ROW, the Local Government, notwithstanding any language to the contrary in any applicable permit, franchise agreement, law, or regulation , and prior to any such relocation, removal and/or rearrangement by FPL , shall provide FPL with a substitute location, satisfactory to FPL , obtain any easements that may be necessary and shall pay FPL for the associated Page 2 of 7