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original cost to install the Utility. Based upon the submitted evidence, the Cost of <br /> Relocation shown on any Work Order shall reflect the Depreciation Value credit due. <br /> ii) Owner shall furnish CDOT with evidence of any Salvage Value received for a Utility <br /> Relocation for which CDOT is the Responsible Party, as required by 23 C.F.R. 645. <br /> Based upon the submitted evidence, the Cost of Relocation shown on the Work <br /> Order shall reflect the Salvage Value credit due. Where CDOT is also the <br /> Constructing Party, salvageable Utility property or material removed during <br /> Relocation that is not reused shall become the property of CDOT, unless otherwise <br /> noted in the Work Order. <br /> e) Where possible, the Cost of Relocation shall be negotiated on a "lump-sum' rather than <br /> on an "actual cost" basis. However, no lump-sum arrangement will be entered into for <br /> any Relocation if such arrangement would preclude federal reimbursement pursuant to <br /> 23 CFR 645. If the Cost of Relocation is negotiated on a lump-sum basis, each Party's <br /> financial obligation (if any) for the Relocation shall be limited to the lump-sum amount <br /> expressly stated and itemized in the Work Order issued for that Relocation. If the Cost of <br /> Relocation is negotiated on an actual cost basis, the amount shown on the Work Order <br /> shall be an estimated cost, which estimate shall not be exceeded without written <br /> amendment of the Work Order. Responsibility for the Cost of Relocation shall not bind <br /> the Responsible Party until the Work Order is executed by the Responsible Party. <br /> Reimbursement, as necessary, is governed by Article 16. <br /> 8) REAL PROPERTY INTERESTS. <br /> a) Utilities Located By Utility Permit <br /> Any Owner Utilities currently located or anticipated to be located in Project ROW or other <br /> CDOT property shall be permitted only by a CDOT Utility Permit, which Owner and <br /> CDOT shall have executed prior to commencement of construction of Relocation. If <br /> Owner currently holds an Utility Permit for Owner's facilities in Project ROW or other <br /> CDOT property, the terms and conditions of that Utility Permit, as may be amended by <br /> mutual agreement of the Parties, shall continue to govern Owner's facilities at that <br /> location, unless that Utility Permit is terminated. CDOT reserves the right to convert any <br /> such Utility Permit assigned to it in connection with the conveyance of Project ROW or <br /> CDOT property into a CDOT Utility Permit, provided that both CDOT and Owner shall <br /> enjoy substantially the same rights and obligations contained in the assigned Utility <br /> Permit. <br /> b) Permission to Perform Utility Work <br /> i) Owner shall not install any new facilities in Project ROW or CDOT property without <br /> first obtaining a CDOT Utility Permit. <br /> ii) If Owner's Utilities are located in Project ROW or other CDOT property pursuant to <br /> an effective Utility Permit, Owner's Relocation and permission to enter upon the <br /> Project ROW or CDOT property to undertake Relocation shall be governed by, and <br /> in accordance with, the terms of such Utility Permit. If the location of the Relocated <br /> Utility is materially changed, Owner's current Utility Permit shall be amended to <br /> reflect the revised location. <br /> iii) If Owner's Utilities are located in Project ROW or other CDOT property without an <br /> effective Utility Permit, Owner shall not commence construction of Relocation on <br /> Project ROW or other CDOT property without first obtaining a CDOT Utility Permit <br /> from CDOT. <br /> Page 10 of 21 <br />