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3 <br /> <br /> 5.1 Removal, De-Energization, Protection of Conductors, Wires, Cables <br />If any planned work on the Property, to be conducted within the City Easement, <br />would, in the City’s opinion, potentially require the removal, de-energization, or <br />other means of protecting against contact, of AEP’s wires, conductors, and/or <br />cables located within the AEP Easement, then the City shall provide AEP with <br />notice of the planned work as soon as possible and request that AEP assess the <br />potential need for such protective measures. Upon receiving such notice from the <br />City, AEP shall assess the scope of the City’s planned work and determine whether <br />it is necessary to remove, de-energize, and/or take protective measures to prevent <br />contact with AEP’s wires, conductors, and/or cables, and if AEP determines such <br />actions are necessary, AEP shall promptly take whatever additional action is <br />necessary to accomplish said removal, de-energization, and/or protective <br />measures, which may include exercising reasonable and good faith efforts to <br />obtain an appropriate outage in order to de-energize AEP’s transmission line <br />located in the AEP Easement for purposes of the City’s planned work. The City <br />expressly acknowledges and agrees that AEP’s ability to obtain an outage <br />sufficient for any planned work of the City, which outage may be necessary for <br />AEP to remove and/or de-energize its wires and conductors, may be subject to the <br />control and consent of third parties. <br />5.2 Access to City Infrastructure <br />AEP agrees to cooperate with and assist the City to gain access to the City’s <br />infrastructure located within the City Easement with regard to any future utility <br />upgrades or new installations or maintenance or repair of said infrastructure by <br />the City that is necessitated by AEP’s use of the AEP Easement. Such cooperation, <br />at no cost to the City, may include, but is not limited to, AEP providing services <br />necessary to protect and support the integrity of the AEP structures located in the <br />AEP Easement when the City performs future upgrades, installations, <br />maintenance or repair on the City infrastructure in the City Easement. <br />5.3 Maintenance of AEP Structures <br />At all times, AEP will keep the AEP structures located in the AEP Easement and <br />in the R/W Area, and the structure foundations, in good order and condition, <br />particularly to prevent damage to the City infrastructure located in the City <br />Easement. <br />6.0 Storage; Hazardous Materials