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6 <br />Easement, even if such use interferes with AEP’s use of the AEP Easement. AEP agrees <br />that the AEP Easement is as a junior easement in relation to the City Easement and that <br />AEP must not unreasonably interfere with the City Easement. AEP agrees and <br />acknowledges that it is estopped from asserting that the City’s use and enjoyment of the <br />City Easement pursuant to the terms of the City Easement constitutes an interference with <br />any AEP rights or interest acquired in the Property. <br />14.0 Consent of City to AEP Easement <br />The City agrees and consents to the exercise of the easement rights set forth in the AEP <br />Easement, subject to the terms of this MOU. <br />15.0 Scope of City Consent under MOU <br />The City’s agreement and consent to the AEP Easement as set forth in this MOU shall not <br />be construed as granting approval to any AEP work or projects, whether past, present, or <br />future, that are beyond the express scope of this MOU. Any work or projects not <br />expressly within the scope of this MOU and/or pursuant to the easement rights set forth <br />in the AEP Easement will be subject to applicable laws, statutes, and/or ordinances, and <br />it is the City’s expectation that AEP will coordinate such work with the City Engineering <br />Department, including obtaining applicable permits and approval from the City <br />Engineering Department. <br />16. No New Non-Aerial Facilities in Overlap Area <br />AEP understands and agrees that it is prohibited from installing any poles or structures, <br />or any facilities that are not exclusively aerial-only, in the Overlap Area, which do not <br />currently exist in the Overlap Area. Any violation of this section will be a material breach <br />of this MOU and will require removal of the unauthorized non-aerial facilities from the <br />Overlap Area. <br />17. No New Facilities in R/W Area <br />AEP understands and agrees that it may not install additional facilities, including any <br />poles, structures, wires, cables, and appurtenant equipment, in the R/W Area which do <br />not currently exist in the R/W Area. However, AEP may repair and/or replace any of <br />its facilities currently located in the R/W Area provided that AEP conducts such work <br />pursuant to applicable laws, statutes, and/or ordinances, and provided that AEP obtains <br />all required approvals and permits from the City Engineering Department. Any violation <br />of this section will be a material breach of this MOU and will require removal of the <br />unauthorized facilities from the R/W Area. <br />18.0 Entire Agreement; Amendment; Applicable Law