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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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12/21/2018 7:57:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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PERM
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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Path:
\City Clerk\City Council\Ordinances\2019
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3 <br />“Agents” when used with respect to either party includes the agents, employees, officers, <br />contractors, subcontractors, and representatives of that party in relation to this Master License and <br />the License Area. <br />“Approved Plans” is defined in Subsection 7.1.1. <br />“Assignee” is defined in Section 16.2. <br />“Assignment” means any of the following: (a) a merger, acquisition, or other transfer of a <br />controlling interest in Licensee, voluntarily or by operation of Law; (b) Licensee’s sale, <br />assignment, encumbrance, pledge, or other transfer of any part of its interest in or rights with <br />respect to the License Area; and (c) any action by Licensee to permit any portion of the License <br />Area to be occupied by anyone other than itself, including a sublicensee. <br />“Assignment Response Period” is defined in Subsection 16.3.1. <br />“Associated Facilities”is defined in Recital B. <br />“Associated Facilities License”means the document in the form of Exhibit A that, <br />when fully executed, incorporates the provision of this Master License and authorizes <br />Licensee to install, operate, and maintain Equipment for the Permitted Use in Associated <br />Facilities identified in the Associated Facilities License. <br />“Basic License Information” means the summary attached in chart form immediately <br />preceding the text of this Master License. <br />“Bonus Rent” is defined in Section 16.3.1. <br />“Broker” is defined in Section 28.7. <br />“Business Day” is defined in Subsection 28.5.4. <br />“CERCLA” means the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.), also commonly known as the “Superfund” law. <br />“City” is defined in the preamble. <br />“City Pole” is defined in Recital A. <br />“Claim” is defined in Section 18.1. <br />“Commencement Date” is defined in Subsection 4.1.1. .“Common Control” means <br />two entities that are both controlled by the same third entity. <br />“Control” means: (a) as to a corporation, the ownership of stock having the right to <br />exercise more than 50% of the total combined voting power of all classes of stock of the <br />controlled corporation, issued and outstanding; and (b) as to partnerships and other forms of <br />business associations, ownership of more than 50% of the beneficial interest and voting control <br />of such association. <br />“CPUC” is defined in Subsection 13.2.1. <br />“Default Fee” is defined in Subsection 17.2.4. <br />“Effective Date” means the effective date of this Master License as specified in the Basic <br />License Information. <br />“EMFs” is defined in Section 13.7. <br />“Emissions Report” is defined in Section 13.7. <br />“Encroachment” is defined in Section 6.2. <br />“Environmental Laws” means any Law relating to industrial hygiene, environmental <br />conditions, or Hazardous Materials.
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