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<br />. <br /> <br />.. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />3. <br /> <br />In order to effect the relocation of Edison's <br /> <br />said facilities as aforesaid in time to permit said project <br />to proceed as planned, the parties desire to provide a means <br /> <br />whereby the question of which of the parties is liable to <br /> <br />pay the cost of relocating said facilities may be reserved <br /> <br />without effecting such timely relocation and without prejudice <br /> <br />to the legal position and rights of either party. <br /> <br />WHEREFORE, in consideration of their mutual covenants <br /> <br />hereinafter contained, and subject to all of the terms and <br />conditions hereof, the parties hereto do hereby agree as <br /> <br />follows: <br /> <br />A. <br /> <br />Escrow Deposit. <br /> <br />City agrees to deposit, or cause to be deposited, into <br /> <br /> <br />an escrow account at the Santa Ana office of a bank to be <br /> <br />specified by Edison, on or before April 1,1976, the sum <br /> <br />of $23,000. <br /> <br />wi thdrawals from said escrow account may .be made <br /> <br />only by joint application of the parties specifying to whom <br />payment shall be made upon the happening of one or another <br /> <br />of the following conditions: <br /> <br />1. <br /> <br />the entry of final judgment in any litigation <br /> <br />(whether consisting of one or more cases) that may be <br /> <br />commenced hereafter to determine the respective <br /> <br />liabilities of the parties to pay the cost of said <br /> <br />relocation of Edison's said nfacilitiesn; or <br /> <br />2. <br /> <br />the abandonment by either of the respec- <br /> <br />tive parties of one of said positions regarding the <br /> <br />legal issue of liability for such payment, and con- <br /> <br />sent to withdrawal from escrow of said sum by the <br /> <br />other party. <br /> <br />said escrow account shall be deposited in a demand <br />account in ~aid bank, and any and all interest earned there- <br /> <br />on shall be paid to the prevailing party hereunder, as <br />aforesaid. <br /> <br />. Each of the parties agrees to execute and deliver to <br /> <br />2. <br /> <br />(! /(j¡'- 313 <br />