Common use of New Grades or Lines; Interference With Public Works or Improvements Clause in Contracts

New Grades or Lines; Interference With Public Works or Improvements. If the grades or lines of the Inalienable Property are changed at any time during the Term in a manner affecting the System, or in the event that the City determines, in its sole discretion, that any part of the System interferes with the construction, installation, use, operation, and/or maintenance of public works or public improvements, then the Company shall, at its own cost and expense and upon reasonable prior notice by the City, promptly protect or promptly alter or relocate the System, or part thereof, so as to conform with such new grades or lines or to cease interference with public works or improvements. In the event that after such notice, the Company refuses or neglects to so protect, alter or relocate all or part of the System within a reasonable period of time necessary for the Company to make such modifications, the City shall have the right to, upon prior notice to the Company, break through, remove, alter or relocate such part of the System without any liability to the Company, and the Company shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation, with interest thereon at the rate set forth in § 3.8 accruing from the date the City incurs such costs. This provision shall not be construed to authorize the Company to relocate the System or any portion thereof to any other location on, over or under the Inalienable Property, except to the extent otherwise permitted under this Agreement. If relocation to such other location on, over or under the Inalienable Property cannot be accomplished consistent with the provisions of this Agreement, then the Company may relocate such System to a location on private property, subject to its reaching an agreement for such relocation with such private property owner and subject further to any and all applicable approvals required by this Agreement and applicable law.