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10.—(1) The authorised street tramways (other than any reserved track tramways) shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid.
(2) (a) Where the authorised street tramways have been constructed in the aforementioned manner, works for the purpose, or having the effect, of altering the level of any part of a street in which the authorised street tramways are situated shall not be carried out without the consent of the undertaker.
(b)Consent under subparagraph (a) above may be given subject to such reasonable terms and conditions as the undertaker may require, but shall not be unreasonably withheld, and any difference arising under this paragraph shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
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