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<br />:7.,? ð-.o <br /> <br />Right-af-Way Use <br /> <br />Agreement <br /> <br />THIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of <br />, 2005 (the "Effective Date"), and entered into by and between the CITY <br />OF REDWOOD CITY, a California municipal corporation (the "City"), and NEXTG <br />NETWORKS OF CALIFORNIA, INc., a Delaware corporation ("NextG"). <br /> <br />Recitals <br /> <br />A. WHEREAS, NextG owns, maintains, operates and controls, in accordance with <br />regulations promulgated by the Federal Communications Commission and the California Public Utilities <br />Commission, a fiber-based telecommunications Network or Networks (as defined in § 1.9 below) serving <br />NextG's wireless carrier customers and utilizing microcellular optical repeater Equipment (as defined in <br />§ 1.3 below) certified by the Federal Communications Commission; and <br /> <br />B. WHEREAS, the Public Rights-of-Way within the City are used by and useful to private <br />enterprises engaged in providing telecommunications services to citizens, institutions, and businesses <br />located in the City; and <br /> <br />C. WHEREAS, the right to occupy portions of the Public Rights-of-Way upon City owned <br />infrastructure for limited times, for the business of providing telecommunications services, is a valuable <br />economic privilege, the economic benefit of which should be shared with all the taxpayers of the City; <br />and <br /> <br />D. WHEREAS, beneficial competition between providers of communications services can be <br />furthered by the City's provision of grants of location and rights to use the Public Rights-of-Way on non- <br />discriminatory and competitively neutral terms and conditions; and <br /> <br />E. WHEREAS, for purpose of operating the Network, NextG wishes to locate, place, attach, <br />install, operate, control, and maintain Equipment in the Public Rights-of-Way (as defined below in § 1.11 <br />below), on facilities owned by the City, as well as on facilities owned by third parties therein; and <br /> <br />F. WHEREAS, NextG is willing to compensate the City in exchange for a grant of location <br />and the right to use and physically occupy portions of the Public Rights-of-Way, on Municipal Facilities <br />owned by the City or both. <br /> <br />Agreement <br /> <br />Now f therefore, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: <br /> <br />1 DEFINITIONS. <br />Agreement: <br /> <br />The following definitions shall apply generally to the provisions of this Use <br /> <br />1.1 City. "City" means the City of REDWOOD CITY. <br /> <br />Right-of Way Use Agreement <br />City of Redwood City:: NextG Networks of California, Inc. <br />page 1 of15 <br />