|
<br />"Law" or "Laws" means any judicial decision, statute, constitution,
<br />
<br />ordinance, resolution, regulation, rule, tariff, administrative order, certificate,
<br />
<br />order, or other requirement of any municipal, county, state, federal, or other
<br />
<br />Agency having joint or several jurisdiction over the parties to this Agreement, in
<br />
<br />effect either at the time of execution of this Agreement or at any time during the
<br />
<br />location of the Facilities in the Public Right-of-Way, including, without limitation,
<br />
<br />any regulation or order of an official entity or body.
<br />
<br />"Person" means an individual, a corporation, a partnership, a sole
<br />
<br />proprietorship, a joint venture, a business trust, and any other form of business
<br />
<br />association.
<br />
<br />"Provision"
<br />
<br />means
<br />
<br />any
<br />
<br />agreement,
<br />
<br />clause,
<br />
<br />condition,
<br />
<br />covenant,
<br />
<br />qualification, restriction, reservation, term, or other stipulation in this Agreement
<br />
<br />that defines or otherwise controls, establishes, or limits the performance required
<br />
<br />or permitted by any party to this Agreement. All Provisions, whether covenants or
<br />
<br />conditions, shall be deemed to be both covenants and conditions.
<br />
<br />"Public Right-of-Way" means in, upon, along, across, under and over the
<br />
<br />public streets, roads, lanes, courts, ways, alleys, boulevards, and places,
<br />
<br />including, without limitation, all public utility easements and public service
<br />
<br />easements, as the same now or may thereafter exist that are under the
<br />
<br />jurisdiction of City. This term shall not include any property owned by any Person
<br />
<br />or Agency other than City except as provided by applicable Laws or pursuant to
<br />
<br />Sh/rwclcouncil/agmt
<br />Agmt-26 \
<br />FXS/fs
<br />05/11/99
<br />
<br />4
<br />
|