License Subordinate. It is expressly understood and agreed that the license herein granted is, and shall be at all times, subordinate to the City’s use and public’s use of the Public Property for purposes normally associated with public right-of-way; accordingly, if necessary to accommodate repair or construction of City utilities or improvements to the right-of-way, the University shall, as its sole cost, be obligated to relocate any portion of the Project installed in the public right-of-way, pursuant to this Agreement, if directed in writing to do so by the City Engineer, or, as otherwise agreed to by the City and the University. For example, if it would be less expensive for the University to pay increased incremental costs of the City to locate City utilities in a different location, the City and the University shall consider such alternatives in good faith.
License Subordinate. It is expressly understood and agreed that the license herein granted is, and shall be at all times, subordinate to the City’s use and Public’s use of the Public Property for purposes normally associated with public right-of-way; accordingly, if necessary to accommodate repair or construction of City utilities or improvements to the right-of-way, the University shall, as its sole cost, be obligated to relocate any portion of the Project installed in the public right-of-way, pursuant to this Agreement, if directed in writing to do so by the City Engineer, or, as otherwise agreed to by the City and the University. For example, if it would be less expensive for the University to pay increased incremental costs of the City to locate City utilities in a different location, the City and the University shall consider such alternatives in good faith. This agreement does not affect the City’s right to vacate the street right- of-way affected by the license except that if said vacation is not to the University, the University’s rights hereunder shall be preserved and made superior.
