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Notwithstanding the foregoing sentence, in the event the REFG is terminated while the project is still ongoing, the parties shall meet and confer to determine how best to proceed to achieve the purpose of this agreement while avoiding a damaging fiscal impact to either party. 3. PROPERTY ACQUISITION: Norfolk will do all things necessary and proper to acquire fee simple title or easements to those parcels of property ( "Acquisition Parcels ") located between Nansemond Parkway and Sportsman Boulevard in the City of Suffolk so as to enable the construction and maintenance of the water mains. This may include acquisition by condemnation. 4. CONVEYANCE OF EASEMENT TO PORTSMOUTH: Upon obtaining title to (or an easement interest in) all of the Acquisition Parcels, Norfolk will convey to Portsmouth a perpetual easement for the installation, maintenance and repair of Portsmouth's NFWM in substantially a form of a standard municipal utility easement used throughout Hampton Roads and that is acceptable to the City Attorneys for the respective parties. To the extent Norfolk acquires only an easement interest from the owner of an Acquisition Parcel, then Norfolk shall either (a) include as part of the easement the ability to assign rights under the easement to Portsmouth, and Norfolk shall so assign Portsmouth the rights required for the use, maintenance and replacement of the NFWM or (b) acquire dual easements from the landowner, one for the benefit of Norfolk and one for the benefit of Portsmouth. 5. PAYMENT TO NORFOLK FOR ACQUISITION/EASEMENT: Norfolk will pay the costs for legal and real estate services (including, but not limited to, appraisal, survey, environmental study, and title work, as well as any costs of condemnation) associated with acquisition of the needed parcels and the property acquisition costs, to include the preparation of a survey Exhibit for the Portsmouth easement. Upon invoice submission, 5