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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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(ix) "Junction Box" means a box where fiber optic cable splices and connections are <br />made and accessed. <br />(x) "Licensed Fiber" means the six (6) individual strands of Dark Fiber within each <br />Fiber Segment of the ExteNet Cable, as the same may be modified in accordance with <br />this Agreement that shall be reserved and/or designated for exclusive use by, and at no <br />cost to, Licensee in accordance with and subject to the terms of this Agreement. For <br />clarity, ExteNet shall not be obligated to provide Licensed Fiber to Licensee for portions <br />of the ExteNet Cable that ExteNet acquires from a third -party under commercial or <br />wholesale terms (e.g. leased fiber, licensed fiber, IRU fiber, etc.) and/or otherwise does <br />not construct and own. For avoidance of doubt, additional Fiber Segments that are <br />connected to the Network following its initial construction and deployment in <br />accordance with the Fiber Route Map set forth in Exhibit 1 on the effective date of this <br />Agreement shall be deemed a part of the ExteNet Cable and shall be subject to the <br />foregoing obligations on the part of ExteNet to reserve and/or designate six (6) strands <br />of Dark Fiber for exclusive use by, and at no cost to, Licensee only if and to the extent <br />that such Fiber Segments and any associated equipment are located within the <br />geographic boundaries of Licensee. <br />(xi) "Manhole" means a subsurface enclosure which qualified personnel may enter and <br />use for the purpose of installing, operating and maintaining facilities. <br />(xii) "Pedestal" means an above ground structure used to store, terminate, splice or <br />transfer fiber optic cable. <br />(xiii) '`Vault" means an underground structure used to store, terminate, splice or transfer <br />fiber optic cable. <br />2. License <br />2.1 License Grant <br />Subject to the terms, conditions and limitations set forth herein, ExteNet hereby grants <br />to Licensee an irrevocable license and right for the exclusive use of the Licensed Fiber, <br />including any rights necessary for the installation and maintenance of the Licensed Fiber <br />to include use of any conduit utilized by the Licensed Fiber, at no cost to Licensee for <br />the transmission of optical signals generated by optical or other equipment owned or <br />employed by Licensee. The duration of the foregoing license shall continue in <br />perpetuity so long as the MLA between ExteNet and Licensee is in effect. However, <br />nothing herein shall obligate ExteNet and its successors in interest and assigns to <br />continue to maintain and operate the ExteNet Cable or any portion thereof or to maintain <br />any attachment rights related thereto, except for the Licensed Fiber, during any periods <br />in which ExteNet is not otherwise using or planning to use the ExteNet Cable for the <br />provision of services to ExteNet's customers. <br />2.2 Scope of Grant <br />Exhibit C — Dark Fiber License Agreement <br />Page 3 <br />
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