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other than the Grantor, and for other than a governmental use, the costs of relocation will be borne by the person or entity requesting that relocation, and such relocation will be undertaken in a manner that preserves the usefulness and safety of Grantee's facilities. (b) Grantor reserves the right to change the grade and the width, or to alter or change the location, of any street, highway, or rights-of-way where Grantee's facilities are located. Grantee must, at no cost to Grantor, relocate all facilities maintained pursuant to this Agreement to conform to such change of grade, width, or location to the satisfaction of the Grantor's City Engineer. Grantee will commence such work of relocation within 90 days after receipt of a written request from the City Engineer, and will thereafter diligently prosecute that work of relocation to completion. (c) If any of the facilities constructed or maintained by Grantee on, along, upon, over, in, under or across any street, highway, or rights-of-way is located in a manner that prevents or interferes with the maintenance, improvement, repair, construction, alteration or relocation of the street, highway, or rights-of-way, Grantee will permanently or temporarily relocate any such facility at no cost to Grantor. Grantee will commence that work within 90 days after receipt of a written request from the City Engineer to make such change, and will thereafter diligently prosecute that work to completion. (d) Grantor reserves the right, in its governmental capacity, to lay, construct, repair, alter, relocate, and maintain subsurface or other facilities or improvements of any type or description within all streets, highways, or rights-of-way. If the Grantor finds that the location or relocation of its facilities or improvements conflict with the facilities laid, constructed, or maintained under this Agreement, Grantee will permanently or temporarily relocate any such facility at no cost to Grantor. Grantee will commence that work within 30 days after receipt of written notice from the City Engineer to make such change, and will thereafter diligently prosecute that work to completion. (e) Grantee will not commence any work for the purpose of constructing, replacing, repairing, or removing any of its facilities on, along, upon, over, in, under and across any street, highway, or rights-of-way until it has first obtained a permit to do so. Permit applications must be submitted in accordance with Grantor's ordinances and regulations. (t) The work of constructing, replacing, repairing, or removing facilities authorized by this Agreement on, along, upon, over, in, under or across any street, highway, or rights-of-way must be conducted with the least possible hindrance to the use of the street, highway, or rights-of-way. As soon as the construction, replacement, repair, or removal of any of these facilities is completed, all portions of the street, highway, or rights-of-way that have been excavated or otherwise damaged must be placed in as good condition as existed before that work commenced, to the reasonable satisfaction of the City Engineer. Grantee will hold Grantor harmless from all claims or liability arising from any damage or injury suffered by any person by reason of any excavation or obstruction being impropcrly guarded during said work, or by reason of the failure of Grantee to properly make the fill. (g) In connection with Grantee's compliance with the provisions of this Subsection 7.9, Grantee does not waive or relinquish any rights it may have under applicable law ] 2097 -0002\6806 72v 19 .doc -2]- City of Santa Ana EXECUTION COPY 4/07/05