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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />said bank escrow instructions to establish said escrow upon <br /> <br />the terms hereof. <br /> <br />Each of the parties agrees that, if it is not the <br /> <br />prevailing party in the resolution of the disputed issue of <br /> <br /> <br />liability to pay the cost of said relocation of Edison's <br /> <br />said facilities, it shall execute and deliver to said bank <br /> <br />its instruction to pay said sum, and interest earned thereon, <br /> <br />to the prevailing party upon the happening of either con- <br /> <br />dition hereinabove specified. <br /> <br />B. <br /> <br />Relocation of Facilities <br /> <br />Edison agrees to relocate its said facilities from <br /> <br />their present location within the former right-of-way of <br />said portion of Second Street to the area within the most <br /> <br />northerly four feet thereof, and to utilize its best efforts <br />to complete the same on or about April 1,1976, and if prevented <br /> <br />from doing so by reason of strike, flood, storm, earthquake, <br /> <br />fire, or other cause beyond its control, to complete the same <br /> <br />as soon thereafter as is reasonably possible. <br /> <br />C. <br /> <br />Cost of Relocation <br /> <br />~dison agrees that, unless and until it is deter- <br /> <br />mined to be the prevailing party on the issue of liability for <br /> <br />the cost of said relocation, it shall pay therefor from its own <br /> <br />resources. <br /> <br />In the event that City and Agency prevail on said <br /> <br />issue, Edison shall have no claim against City, the Community <br /> <br />Redevelopment Agency of the City of Santa Ana, or the Housing <br /> <br />Authörity of the City of Santa Ana therefor. <br /> <br />In the event that <br /> <br />Edison prevails on said issue, Edison agrees that its receipt <br /> <br />of said escrow fund of $23,000, together with any and all inter- <br /> <br />est earned thereon during the term of said escrow, shall èonsti- <br /> <br />tute payment in full by City, the Housing Authority of the City of <br /> <br />Santa Ana, and the Community Redevelopment Agency of the City of <br />Santa Ana for all of Edison's costs and expenses incurred or to <br /> <br />be incurred for said relocation of said facilities. <br /> <br />'D. <br /> <br />No Prejudice to Parties <br /> <br />It is mutually agreed by and between the parties that, ex- <br /> <br />cept as hereinabove expressly provided that Edison's receipt of said <br />escrow fund plus interest accumulated thereon shall constitute ~ay- <br /> <br />ment in full for said relocation if Edison prevails on said issue, <br /> <br />3. <br /> <br />CIêA-3ó <br />