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Public Right-of-Way. No use of any Public Right-of-Way or other interest or property under this Agreement shall create or vest in NEXTLINK or any other public utility any ownership interest in the Public Right-of-Way, streets or other property or interest of City. Nothing in this Agreement shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in NEXTLlNK, including any fee or leasehold interest in land, easement, or any franchise rights. (c) This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title (collectively referred to as "Encumbrances") which may, as of the Effective Date, affect the Public Right- of-Way, and to the extent the Encumbrances are recorded with the San Mateo County Recorder's office, or to the extent that City or other person/entity has given NEXTLINK actual notice of the Encumbrances, or to the extent that NEXTLINK has actual notice thereby, it is understood that NEXTLlNK, at its own cost and expense, shall obtain such permission as may be necessary, consistent with any other existing rights. Subject to the Provisions of this Agreement, City hereby licenses and permits NEXTLINK to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace the Facilities underground or on existing poles, to the extent NEXTLINK may gain access to these poles consistent with the rights of third parties under applicable Laws and all existing and future agreements, within the Public Right-of- Way for the purposes of providing Telecommunications Services to Persons located within the limits of the City. Any work performed pursuant to the rights Sh/rwc/council/agmt Agmt-26 \ FXS/fs 05/11199 7 ..._.._~.. .