ACQUISITION OF REAL PROPERTY RIGHTS AND PERMITS. The Parties recognize that the existing SCE distribution system on which the Fibers are to be installed has been constructed on rights of way that may be owned by SCE in fee or by grant of an easement or license or as a result of statutory grant resulting from SCE's status as a public utility under the laws of the State of California, and that some significant portion of these rights of way may not include grants of a right to construct or lease facilities such as the Fiber without obtaining further rights from the present owners of such rights of way. To the extent SCE determines that such rights of way permit construction and operation of facilities such as the Fiber for use by CUSTOMER without further grants, and CUSTOMER concurs with SCE's determination, SCE agrees to allow CUSTOMER to use such rights of way for the purpose described in this Agreement. On a mutually convenient date after SCE completes its property rights analysis of the Routes, the Parties shall meet and assess the adequacy of these property rights. Either Party may elect to terminate this Agreement without liability to the other Party by sending a written notice of termination as provided in Section 24 within one (1) week of the meeting. If either Party elects to terminate the Agreement, CUSTOMER shall receive a full refund of its One-Time Payments already paid to SCE, less the total of all costs incurred by SCE in connection with performing its obligations under this Agreement, plus an additional fifteen percent (15%) of those costs for overhead expenses. The total amount withheld or billed by SCE shall not exceed the total One-Time Fee. The Parties may also agree to proceed with acquisition of the required property rights or to redesign the Routes in an attempt to reduce the property rights that must be obtained. If the Parties elect to redesign the Route, the process described above, including the right to terminate the agreement without liability, shall be repeated for the redesigned Route. If the Parties elect to proceed with the acquisition of additional rights, SCE shall use commercially reasonable efforts to negotiate such rights from the property owners. SCE shall not be required to condemn for any property right on the Route. If SCE is unable to secure all required property rights needed for the Route, CUSTOMER may, at its sole discretion and expense, attempt to obtain such rights either through further negotiations with the property owner or by condemnation. If CUSTOMER ele...
