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to seek reimbursement from individuals or entities other than Grantor for its costs of compliance to the extent that those costs qualify for reimbursement and funds are available. If Grantor administers the funding of reimbursements for a Rule 20(A) or Rule 20(B) project for which Grantee is eligible to be reimbursed for its undergrounding costs, then Grantee does not waive any rights to seek such reimbursement from Grantor. 7.1 O. Under grounding of Cable. Cables must be installed underground at Grantee's cost where all existing utilities are already underground or all new utilities are being installed underground in the area. Previously installed aerial cable will be installed underground without cost to Grantor in concert with utilities whenever all of those utilities convert from aerial to underground construction. The provisions of Subsection 7.9(g) will apply to any rights of reimbursement that are claimed by Grantee. 7.11. Facility Agreements. This Agreement does not relieve Grantee of any obligations to obtain pole or conduit space from any department of Grantor, from any utility company, or from others maintaining utilities in Grantor's streets. 7.12. Repair of Streets and Public Ways. All disturbance or damage to streets and public ways, and to improvements located within those streets and public ways, caused by the Grantee or its contractors during the construction, reconstruction, operation, or maintenance of the cable system, must be restored at Grantee's expense, and within a time frame reasonably specified by Grantor. 7.13. Erection of Poles Prohibited. Grantee may not erect any pole on or along any street or public way where there is an existing aerial utility system. If additional poles in an existing aerial route are required, Grantee must negotiate with the appropriate public utility for their installation. Any such installation requires the advance written approval of the Grantor. Subject to applicable federal and state law, the Grantee must negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. No pole line may be extended solely for the purpose of accommodating Grantee's facilities without Grantor's prior consent. Line extensions beyond any existing pole line must be underground where practical. 7.14. Miscellaneous Design and Construction Requirements. (a) New Development -- Underground Utility Areas. Where new construction or property development occurs, and all utilities are to be placed underground, Grantor will use its best efforts to require the developer or property owner to give reasonable notice to Grantee of that new construction or development. Grantee may be involved in all design aspects of the new construction or development that relate to the infrastructure required for cable service, including the provision of specifications and engineering assistance prior to construction. The costs of I 2097-0002\680672vl 9.doc -22- City of Santa Ana EXECUTION COPY 4/07/05