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<br />1.2 Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any streetlight pole
<br />that incorporates artistic design elements not typically found in standard steel or aluminum
<br />streetlight poles and does not have a mast arm for electrolier support. Decorative Streetlight
<br />Poles will not be used for the Network since they are only located downtown. The term
<br />Decorative Streetlight Pole includes any historically or architecturally significant or designated
<br />light poles owned by the City located on Public Rights-of-Way.
<br />
<br />1.3 Equipment. "Equipment" means the optical repeaters, DWDM and CWDM multiplexers,
<br />antennae, fiber optic cables, wires, and related equipment, whether referred to singly or
<br />collectively, to be installed and operated by NextG hereunder. All Equipment and installation
<br />configurations have been pre-approved by the City and are shown in the drawings and
<br />photographs attached hereto as Exhibit A and incorporated herein by reference. Any Equipment
<br />and installation configuration not contained within Exhibit A must receive written City approval
<br />before it may be used on any City Municipal Facility or placed on or in the Public Rights-of-Way.
<br />
<br />1.4 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general
<br />application to entities doing business in the City lawfully imposed by any governmental body
<br />(but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee).
<br />
<br />1.5 Gross Revenues. "Gross Revenues shall mean and include any and all income and other
<br />consideration collected, received, or in any manner gained or derived by NextG from or in
<br />connection with, the provision of Services, either directly by NextG or indirectly through a
<br />reseller, if any, to customers of such services within the City, including any imputed revenue
<br />derived from commercial trades and barters equivalent to the full retail value of goods and
<br />services provided by NextG. Gross Revenues shall not include: (a) sales, ad valorem, or other
<br />types of" add-on" taxes, levies, or fees calculated by gross receipts or gross revenues which might
<br />have to be paid to or collected for federal, state, or local government (exclusive of the Municipal
<br />Facilities Annual Fee paid to the City provided herein); (b) retail discounts or other promotions;
<br />(c) non-collectable amounts due NextG or its customers; (d) refunds or rebates; and (e) non-
<br />operating revenues such as interest income or gain from the sale of an asset.
<br />
<br />1.6 Installation Date. "Installation Date" shall mean the date that the first Equipment is
<br />installed by NextG pursuant to this Use Agreement.
<br />
<br />1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations,
<br />judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements
<br />of the City or other governmental agency having joint or several jurisdiction over the parties to
<br />this Use Agreement.
<br />
<br />1.8 Municipal Facilities. "Municipal Facilities" means City-owned Streetlight Poles, Decorative
<br />Streetlight Poles, lighting fixtures, electroliers, or other City-owned structures located within the
<br />Public Way and may refer to such facilities in the singular or plural, as appropriate to the context
<br />in which used.
<br />
<br />1.9 Network. "Network" or collectively "Networks" means one or more of the neutral-host,
<br />protocol-agnostic, fiber-based optical repeater networks operated by NextG to serve its wireless
<br />carrier customers in the City.
<br />
<br />1.10NextG. "NextG" means NextG Networks of California, Inc., a corporation duly organized
<br />and existing under the laws of the State of Delaware, and its lawful successors, assigns, and
<br />transferees.
<br />
<br />Right-of-Way Use Agreement
<br />City of Redwood City:: NextG Networks of California, Inc.
<br />page 2 of15
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