Agmt 2019 MLA for Small Cell Pole Attachment

Home

Agreement Terms and Conditions NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, ExteNet and Licensee, for valuable consideration, the sufficiency of which is hereby acknowledged, hereby agree as follows: 1. Definitions For the purpose of this Agreement, the following terms when used herein shall have the following meanings: (i) "Access Point" means a Manhole, Vault, Handhole, Junction Box or Pedestal through which the ExteNet Cable may be accessed for the purposes of splicing fibers to interconnect to other networks or facilities. (ii) "Authorized Contractors" means third party contractors (whether independent or affiliated with ExteNet) that have been approved and authorized by ExteNet to utilize Access Points and to make splices or perform other work on the ExteNet Cable as provided for in this Agreement. (iii) "City Conduit"' means any conduit owned by Licensee and made available to ExteNet to construct the Network. City Conduit is shown in Exhibit 2. (iv) "Dark Fiber" means an unlit optical fiber strand in a Fiber Segment that is separate from and has not yet been connected to any of the equipment, electronics, lasers or additional Fiber Segments necessary to transmit optical signals via the fiber strand or to corresponding fiber strands in other adjacent Fiber Segments. (v) `'ExteNet Cable" means the several Fiber Segments, whether aerial or undergrounded, comprising the optical fiber components of the Network as deployed and depicted in the Fiber Route Map as the Fiber Route Map may be changed by Licensee from time to time. (vi) "Fiber Route Map" means the map of the composite routes of the various Fiber Segments comprising the fiber cabling to be installed as part of the Network, as depicted on the map attached as Exhibit l as the same may be modified during or after construction of the Network. Exhibit 1 shall be replaced with the "As -Built" Fiber Route Map following completion of the Network and thereafter shall be updated from time to time as necessary to reflect modifications to the Fiber Segments or additional Fiber Segments comprising the ExteNet Cable made in accordance with the provisions of this Agreement. (vii) "Fiber Segment" means a continuous run of multi -strand fiber optic cable covering a portion of the fiber cable route shown on the Fiber Route Map. (viii) "Handhole" means a buried box, with a lid that is even with the surface of the ground, used to store, terminate, splice or transfer fiber optic cable. Exhibit C — Dark Fiber License Agreement Page 2