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<br />structures; however, the Metro Flood Diversion Authority will not be liable or responsible for
<br />any damages to the pipeline or related structures, or to any of the Utility’s authorized fixtures, equipment, or other personal property, resulting from any reasonable construction, inspection, reconstruction, modification, operation, maintenance, repair or improvement of the Project Site by the Metro Flood Diversion Authority, and its officers, agents, representatives, employees, or contractors. In the event the Utility’s pipeline and associated infrastructure malfunctions,
<br />destructs, or otherwise causes ongoing damage to the Project Site or associated infrastructure, the Metro Flood Diversion Authority may take reasonable action to stop ongoing damage and shall notify the Utility of such reasonable action in a timely manner.
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<br />Should the Metro Flood Diversion Authority have a license, construction easement, access
<br />easement, or other right of way on land other than the Pipeline Easement Property (“Diversion
<br />Easement Property”) for purposes of constructing the Project Site, the Utility will not interfere
<br />with any Project Site construction activities that may occur on the Diversion Easement
<br />Property. Any license, construction easement, access easement, or other right of way conveyed
<br />to the Metro Flood Diversion Authority within the Project Site will take priority over any
<br />license, easement, or right of way conveyed to the Utility on such property. Before accessing the
<br />Pipeline Easement Property within the Project Site for the installation, construction,
<br />maintenance, repair, replacement, or removal of the pipeline, the Utility will first coordinate with
<br />and receive approval from the Metro Flood Diversion Authority to ensure that the Utility’s
<br />activities do not interfere with the activities of the Metro Flood Diversion Authority, and/or the
<br />P3 Developer.
<br />The Utility understands that the Project Site is currently in the planning phase, and the
<br />Project Site footprint and other currently proposed construction plans are subject to change,
<br />which may require the Utility’s pipeline to be relocated or re-installed at a greater depth or an
<br />alternative location for purposes related directly or indirectly to Project Site construction,
<br />maintenance, or operation. In the event a re-design of the Project Site prior to or during
<br />construction of the Project Site requires the Utility’s pipeline and associated facilities to be
<br />relocated, the Metro Flood Diversion Authority agrees to bear all costs associated with
<br />relocating the Utility’s pipeline and associated facilities. For all other issues which occur
<br />following construction of the Project Site, making relocation or reinstallation necessary for
<br />purposes of constructing, cleaning, inspecting, reconstructing, modifying, operating,
<br />maintaining, repairing, improving the Project Site or for any other reason, the Utility agrees to
<br />relocate and/or reinstall its pipeline at a greater depth or at a mutually agreeable alternative
<br />location determined by the Metro Flood Diversion Authority, if requested to do so, at the
<br />Utility’s own cost.
<br />Section 8.02 EASEMENT INSIDE THE PROJECT SITE. The Metro Flood Diversion Authority shall grant the Utility an easement at a mutually agreed upon value for the Utility Location Project crossings within the Project Site. The easement granted shall have the following restrictions:
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<br />The Utility will be responsible for all maintenance, repair, and replacement of any of
<br />Utility’s property, including, but not limited to, the pipeline and associated infrastructure, which
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