Removal and Relocation. 9.1. Upon receipt of a written demand from the Town, LAHCF shall remove or relocate, without cost or expense to Town, any Facilities installed, used and maintained under this Agreement to such other location or locations in accordance with conditions and standards as may be designated by Town, if and when made necessary (a) due to any work proposed to be done by or on behalf of the Town or other governmental agency, including by any lawful change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground subway or viaduct by Town and/or the construction, maintenance or operation of any other Town underground or aboveground facilities; or (b) due to a determination by the Town that the Facilities are detrimental to governmental activities, including but not limited to, interference with Town construction projects, or are in conflict vertically and/or horizontally with any proposed Town installation. 9.2. LAHCF shall complete such removal or relocation within sixty (60) days of notification by Town, or according to an agreed upon schedule with the Town of no less than sixty (60) days, except in the event LAHCF suffers a Force Majeure. If circumstances exist that require a shorter period of time in order to protect the public health, safety, or welfare, the Town shall notify LAHCF of the shorter time period required and the reason wherefore and LAHCF shall complete removal or relocation within that shorter time period. The Town’s City Manager or his or her designee, at his or her sole discretion, may grant to LAHCF a longer period of time in which to remove or relocate the Facilities, upon request of LAHCF. 9.3. In the event said Facilities are not removed or relocated within ninety (90) days (or other time period if applicable) after said notification and LAHCF has not suffered a Force Majeure, Town may cause the same to be done at the sole expense of LAHCF, which LAHCF shall promptly reimburse to the Town within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. Any removal or relocation work by LAHCF shall only be done pursuant to a Town Encroachment Permit for the work. The Town shall have the right to draw against the bond or security provided for in Section 15.2 to effectuate the requirements of this section. 9.4. If any portions of the Facilities covered under this Agreement are no longer used by LAHCF, or are abandoned for a period in excess of six (6) months, LAHCF shall notify Town and shall either promptly vacate and remove the facilities at its own expense or, at Town's discretion, may abandon some or all of the facilities in place. The Town’s City Manager or his or her designee, at his or her sole discretion, may grant to LAHCF a longer period of time in which to remove or relocate the Facilities, upon request of LAHCF. Following such removal or abandonment as approved by the Town, LAHCF shall have no further obligations to the Town under this Agreement with respect to the removed or abandoned portions of the Facilities except that the provisions of this Agreement that are intended to survive termination shall continue to apply. All abandoned Facilities or portions of the Facilities pursuant to this section shall become Town property for the Town’s use at its sole discretion. 9.5. When removal or relocation are required under this Agreement, LAHCF shall, after the removal or relocation of the Facilities, at its own cost, repair and return the Public Right-of- Way on which the Facilities were located to a safe and satisfactory condition in accordance with the construction-related conditions and specifications as established by Town according to its standard practice. Should LAHCF remove the Facilities from the Public Right-of-Way, LAHCF shall, within five (5) days after such removal, give notice thereof to Town specifying the Right-of-Way affected and the location thereof as well as the date of removal. Before proceeding with removal, relocation, restoration or repair work, LAHCF shall obtain an Encroachment Permit from the Town and all removal, relocation, restoration or repair work shall be subject to Town inspection to ensure that the requirements provided under this Agreement have been met. If LAHCF fails to perform or complete said repair work, the Town shall have the option to perform such work at LAHCF’s sole expense, which LAHCF shall promptly reimburse to the Town within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. The Town shall also have the right to draw against the bond or security provided for in Section 15 to effectuate the requirements of this section.
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