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location markers, appurtenances, and related i=acilities located by MCI or to be located by MCI in
<br />the Public Right-of--Way of City and used or useful for the transmission of Telecorrnnunications
<br />Services.
<br />LATA -Means "Local Access and Transport Area'.
<br />Laws -Means any order, certificate, judicial decision, statute, constitution, ordinance,
<br />resolution, regulation, rule, tariff, administrative order, or other requirement of any municipality,
<br />county, state, federal, or other agency having joint or several jurisdiction over the parties to this
<br />Agreement, in effect either at the time of execution of this Agreement or at any time during the
<br />location of the Facilities in the Public Right-of--Way including, without limitation, any regulation
<br />or order of an official entity or body. A reference to "Laws" shall include, without limitation,
<br />any lawful provision of the San Leandro Municipal Code or any other lawful City ordinance or
<br />regulation.
<br />MCI -Shall mean MCImetro Access Transmission Services LLC, and its lawful
<br />successors or assigns.
<br />Public Right-of--Way -Means the surface, the air space above the surface, and the area
<br />below the surface of the public streets, roads, sidewalks, lanes, courts, ways, alleys, and
<br />boulevards, including, without limitation, all public utility easements and public service
<br />easements as the same now or may thereafter exist that are under the jurisdiction of the City.
<br />This term shall not include any property owned by any person or agency other than the City,
<br />except as provided by applicable Laws or pursuant to an agreement between the City and any
<br />person.
<br />Engineering and Transportation Department Director -Means the individual designated
<br />as the Engineering and Transportation Department Director of the City, including any individual
<br />expressly designated to exercise functions with respect to the rights and obligations of the
<br />Engineering and Transportation Department Director under this Agreement and any other
<br />individual, person, division, department, bureau, or agency of the City as may, from time to time,
<br />exercise functions equivalent or similar to those now exercised by the Engineering and
<br />Transportation Department Director.
<br />Telecommunications Services -Means all communications services, telecommunications
<br />services and information services permitted under Laws.
<br />LIMITATIONS AND RESTRICTIONS
<br />1. Subject to the provisions of this Agreement and all applicable Laws, the City
<br />hereby licenses and permits MCI to construct, install, maintain, locate, move, operate, place,
<br />protect, reconstruct, reinstall, relocate, remove, and replace the Facilities in, under, over, across,
<br />and along the Public Right-of--Way for the purposes of providing Telecommunications Services
<br />to the extent MCI may gain access consistent with the rights of third parties under applicable
<br />Laws and all existing and future agreements. Any work performed pursuant to the rights granted
<br />Encroachment Agreement Page 2 of 12
<br />Rev: 11/30194, 11/13/95
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