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<br />telecommunications companies, including RCN in the Public Right-of-Way within <br /> <br />the limits of the City of Redwood City; and <br /> <br />NOW, THEREFORE, in consideration of the recitals following terms, <br /> <br />covenants, conditions, provisions, and restrictions contained herein, City and <br /> <br />RCN agree as follows: <br /> <br />1. Definitions. The following words, terms, and phrases used in this <br /> <br />Agreement shall have the meanings hereinafter respectively ascribed thereto: <br /> <br />"Agency" means any governmental agency or quasi-governmental agency <br /> <br />other than the City, including the Federal Communications Commission and the <br /> <br />State of California Public Utilities Commission. <br /> <br />"Agreement" means this "AGREEMENT BETWEEN THE CITY OF <br /> <br />REDWOOD CITY AND RCN TELECOM SERVICES OF CALIFORNIA, INC., <br /> <br />FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF FIBER <br /> <br />OPTIC CABLES AND RELATED FACILITIES WITHIN THE PUBLIC RIGHT-OF- <br />, <br /> <br />WAY." <br /> <br />"RCN" means RCN TELECOM SERVICES OF CALIFORNIA, INC., a <br /> <br />California corporation, and its lawful successors or assigns. <br /> <br />"Business Day" means any calendar day, except a Saturday, Sunday, and <br /> <br />any Day observed as a legal holiday by City. For the purposes hereof, if the time <br /> <br />in which an act is to be performed falls on a Saturday, Sunday, or any Day <br /> <br />observed as an official holiday by City, the time for performance shall be <br />Agmt-245 <br />G\shared\shared\Redwood\ Co un c il <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />2 <br />