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<br />"Fee" means any assessment, license, charge, fee, imposition, tax (but excluding the
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<br />telephone users tax), or levy lawfully imposed by any governmental body.
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<br />"Fiber Optic Network Facilities" or "Facilities" means without limitation, any and all fiber
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<br />optic, coaxial and copper cables, conduits, converters, splice boxes, cabinets, hand-holes,
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<br />manholes, pedestals, vaults, equipment, drains, surface location markers, appurtenances and
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<br />related facilities owned, leased or licensed by MFN, located or to be located in the Public Right-
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<br />of-Way of City and used or useful for and in connection with the transmission of
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<br />telecommunication messages.
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<br />"LATA" means "local access and transport area."
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<br />"Law" or "Laws" means any judicial decision, statute, constitution, ordinance, resolution,
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<br />regulation, rule, tariff, administrative order, certificate, order, or other requirement of any
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<br />municipal, county, state, federal, or other Agency having joint or several jurisdiction over the
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<br />parties to this Agreement, in effect either at the time of execution of this Agreement or at any
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<br />time during the location of the Facilities in the Public Right-of-Way, including, without limitation,
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<br />any regulation or order of an official entity or body.
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<br />"Personll means an individual, a corporation, a partnership, a sole proprietorship, a joint
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<br />venture, a business trust, and any other form of business association.
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<br />"Provisionll means any agreement, clause, condition, covenant, qualification, restriction,
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<br />reservation, term, or other stipulation in this Agreement that defines or otherwise controls,
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<br />establishes, or limits the performance required or permitted by any party to this Agreement. All
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<br />Provisions, whether covenants or conditions, shall be deemed to be both covenants and
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<br />conditions.
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<br />"Public Right-of-Way" means in, upon, along, across, under and over the public streets,
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<br />roads, lanes, courts, ways, alleys, boulevards, and places, including, without limitation, all public
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<br />Agmt-409
<br />f/sh/shIRedwood
<br />FXS:rg
<br />10/05/00
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<br />3
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