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2 <br />equipment, and AEP acknowledges that it shall not have the right to install or maintain <br />any poles or structures or other non-aerial facilities within the Overlap Area. <br />2.0 R/W Area <br />With regard to the R/W Area, AEP previously installed poles and/or structures, <br />overhead wires, conductors, cables, and appurtenant equipment in the R/W Area, as <br />depicted in Exhibit 7. AEP understands and agrees that AEP does not have the right to <br />install any new poles or structures, or any additional wires, conductors, cables, and <br />appurtenant equipment, within the R/W Area, which do not currently exist in the R/W <br />Area as of the date of this MOU, unless AEP obtains the City’s express written <br />agreement to the installation of new poles or structures or additional wires, conductors, <br />cables, and appurtenant equipment, including any applicable Occupancy and <br />Excavation Permit. <br /> <br />3.0 Notice <br />The City will use its best efforts to provide AEP with notice of any planned work within <br />the City Easement on the Property at least ten (10) business days before commencing said <br />work. However, in the event of an emergency, the City is not required to provide said 10 <br />days’ notice to AEP for any emergency work conducted within the City Easement on the <br />Property. <br />If any planned work on the Property, to be conducted within the City Easement, would, <br />in the City’s opinion, potentially require the removal, de-energization, or other means of <br />protecting against contact, of AEP’s wires, conductors, and/or cables located within the <br />AEP Easement, then the City shall provide AEP with notice of the planned work as soon <br />as possible so that AEP may have sufficient opportunity to assess the planned work and <br />to take appropriate action, as needed, and consistent with paragraph 5.1 of this MOU. <br />4.0 Permit for AEP Work in City Easement <br />AEP shall obtain, through City Engineering, an Occupancy and Excavation Permit (the <br />“Permit”) for any work to be conducted within the City Easement. Permit submittal shall <br />include a detailed summary of the planned work and any proposed plans for the work. <br />5.0 Cooperation <br />AEP and the City shall cooperate with each other, and their respective contractors, <br />vendors, employees, and agents, in regard to any work to be conducted in the AEP <br />Easement and/or in the City Easement to ensure that said work is conducted safely. Such <br />cooperation shall include, but is not limited to: