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<br />“Equipment” means a Small Cell Wireless Facility and any associated utility or
<br />equipment box, and battery backup, transmitters, receivers, radios, amplifiers, ancillary fiber-
<br />optic cables and wiring, and ancillary equipment for the transmission and reception of radio
<br />communication signals for voice and other data transmission, including the means and devices
<br />used to attach, mount or install other Equipment to or adjacent to a licensed pole in the public
<br />right of way, peripherals, and ancillary equipment and installations, including wiring, cabling,
<br />power feeds, and any approved signage attached to Equipment.
<br />“Expiration Date” means the last day of the Term of this Master License and any Pole or
<br />Associated Facilities Licenses issued under it as specified in the Basic License Information.
<br />“FCC” is defined in Section 7.1.2.
<br />“Hazardous Material” means any material that, because of its quantity, concentration, or
<br />physical or chemical characteristics, is at any time now or hereafter deemed by any Regulatory
<br />Agency to pose a present or potential hazard to human health, welfare, or safety or to the
<br />environment. Hazardous Material includes any material or substance defined as a “hazardous
<br />substance,” or “pollutant” or “contaminant” in CERCLA or section 25316 of the California Health
<br />& Safety Code; and any “hazardous waste” listed in section 25140 of the California Health &
<br />Safety Code; and petroleum, including crude oil or any fraction thereof, natural gas, or natural
<br />gas liquids.
<br />“Indemnified Parties” means the City, its Agents, its Invitees, and their respective heirs,
<br />legal representatives, successors, and assigns.
<br />“Indemnify” means to indemnify, defend (with counsel reasonably acceptable to an
<br />Indemnified Party), and hold harmless.
<br />“Integrated Pole” means a Pole designed to house street lighting and wireless
<br />communications equipment intended to provide efficient lighting and wireless communications
<br />signals in an integrated, aesthetically coherent structure. An Integrated Pole shall function as
<br />street lighting even if Equipment is not connected or is removed from the Integrated Pole, and
<br />said Integrated Pole shall be aesthetically compatible with street lights within the immediate
<br />vicinity.
<br />“Investigate and Remediate” means the undertaking of any activities to determine the
<br />nature and extent of Hazardous Material that may be located in, on, under, or about the License
<br />Area or that has been, is being, or is in danger of being Released into the environment, and to
<br />clean up, remove, contain, treat, stabilize, monitor, or otherwise control such Hazardous Material.
<br />“Invitees” when used with respect to either party includes the clients, customers, invitees,
<br />guests, tenants, subtenants, licensees, authorized assignees, and authorized sublicensees of
<br />that party in relation to the License Area.
<br />“Laws” means all present and future statutes, ordinances, codes, orders, regulations, and
<br />implementing requirements and restrictions of federal, state, county, and municipal authorities,
<br />whether foreseen or unforeseen, ordinary as well as extraordinary, as adopted or as amended at
<br />the time in question.
<br />“License Area” means, individually and collectively for all licensed City Poles, the portion
<br />of the City Poles approved for installation of Equipment, including pole tops, conduits housing the
<br />circuits delivering power to the City Poles and street light pull boxes and other City Property
<br />necessary for access and means, individually and collectively for all licensed use of Associated
<br />Facilities, the portion of each route, area and location of the relevant Associated Facilities.
<br />“License Fee” is defined in Subsection 4.2.1. “License Year” is defined in Subsection
<br />4.1.1. “Licensee” is defined in the preamble.
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