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territories of the five Uniform Regulatory Framework companies, and interexchange services throughout the State of California. 1.6 Facilities — means fiber optic cables, coaxial and copper cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location marker, appurtenances, and related facilities located or to be located in the Public Rights -Of -Way of the City and used or useful for the transmission of telecommunication data. ARTICLE 2 INSTALLATION AND MAINTENANCE OF FACILITIES 2.1 Permitted Installations. During the term of this Agreement, Company may install, maintain, operate, relocate and remove the Facilities within the City's Public Rights -Of -Way subject to the issuance of required encroachment and building permits and approvals. The Facilities shall be shown and described in permit applications filed with the City Engineer and may be modified by subsequent permits approved by the City. All Facilities to be installed, maintained, operated, relocated and removed under this Agreement shall be underground in areas where all existing utilities are already underground or all new utilities are being installed underground; provided, however, that in those areas where poles exist and electric and telephone lines are overhead, Company may install fiber optic cables overhead if using the same poles (subject to the approval of the pole owner and City); and further provided that whenever and wherever the owner of the poles moves its plant from overhead to underground placement in an area, all Company's facilities must be relocated and moved underground as directed by the City Engineer, at Company's expense, and in accordance with then -existing City practices, policies and regulations. 2.2 No Cost to City. The construction, installation, operation, maintenance, and removal of any Facilities shall be accomplished (i) without cost or expense to the City and (ii) subject to the prior approval of the City Engineer. Company shall maintain any such Facilities at all times in good and safe condition and free from any nuisance to the satisfaction of the City Engineer. 2.3 Compliance with Code. Company shall comply with the provisions of the Redwood City Code, as may be amended from time to time (the "Code"), including Chapter 11, Privately Owned Utilities, and Chapter 29 Streets, Sidewalks and Work In or Use of City Right -of -Way. Company shall also comply with applicable provisions of the City's Zoning Code, as amended from time to time (the "Zoning Code"). In the event of a conflict between this Agreement and the Code and/or the Zoning Code, the provisions of the Code and/or the Zoning Code shall apply. 2.4 Encroachment Permits. All work performed by Company under this Agreement shall be made pursuant to individual encroachment permits. Company shall obtain encroachment permits from the City for the installation of the Facilities and for any other work or activities within the City's Public Rights -Of -Way as required by Chapter 29 of the Code. Company shall submit all plans, schedules, and information required by the Code and the City Engineer. Company also shall submit all required fees, cash deposits, bonds or other security required by the City Engineer in accordance with the Code. All work within the Public Rights -Of -Way shall be performed in strict compliance with the terms and conditions of this Agreement, the Code, and the pertinent encroachment permit. Once a permit is issued, Company shall commence work and complete the construction and installation of the Facilities in accordance with the Code and any construction schedule approved by the City Engineer in the applicable permit. Page 2 of 19 L'7X�F[�L!'FRII�Mfb7 ATTY/AGR.2017.082/ExteNet Systems (California) LLC - Fiber Optic Facilities