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<br />1.l1Public Way, or Public Rights-oj-Way. "Public Way" or "Public Rights-of-Way" means the
<br />space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys,
<br />boulevards, and places, including all public utility easements and public service easements as the
<br />same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not
<br />include any other property owned by the City or any property owned by any person or entity
<br />(e.g. county, state, or federal rights-of-way) other than the City, except as provided by applicable
<br />Laws or pursuant to an agreement between the City and any such person or entity.
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<br />1.12PUc. "PUC" means the California Public Utilities Commission.
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<br />1.13Services. "Services" means the RF transport telecommunications services provided through
<br />the Network by NextG to its wireless carrier customers pursuant to one or more tariffs filed with
<br />and regulated by the Puc.
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<br />1.14Streetlight Pole. "Streetlight Pole" shall mean any standard-design concrete, fiberglass, or
<br />metal pole that has a mast arm for electrolier support and is used for streetlighting purposes.
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<br />2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of
<br />ten (10) years, unless it is earlier terminated by either party in accordance with the provisions herein.
<br />NextG and City shall have the option to renew the term of this Use Agreement one (1) additional term of
<br />five (5) years on the same terms and conditions as set forth herein by delivering written notice of
<br />renewal to the other at least ninety (90) days prior to the expiration of the then current term.
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<br />3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to NextG under this Use
<br />Agreement, which shall be exercised at NextG's sole cost and expense, shall be subject to the prior and
<br />continuing right of the City under applicable Laws to use any and all parts of the Public Way exclusively
<br />or concurrently with any other person or entity and shall be further subject to all deeds, easements,
<br />dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may
<br />affect the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest
<br />in NextG a real property interest in land, including any fee, leasehold interest, or easement.
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<br />3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits NextG to enter
<br />upon the Public Way and to locate, place, attach, install, operate, maintain, control, remove,
<br />reattach, reinstall, relocate, and replace Equipment in or on specified Municipal Facilities for the
<br />purposes of operating the Network and providing Services. All installations shall be reviewed
<br />and approved by the City Engineer or designee. The City Engineer shall review each application
<br />to verify each installation is safe, avoids unnecessary or redundant utility boxes or facilities,
<br />avoids obstruction of sight lines for traffic, and avoids unreasonable obstruction of pedestrian
<br />traffic and unreasonable obstruction of views from residential property, by the City's
<br />determination. NextG shall cooperate to the fullest extent possible to avoid unnecessary boxes on
<br />the Municipal Facilities. City shall not be responsible to provide any specified voltage or wattage
<br />of electricity that is compatible with any NextG Equipment. Subject to the provisions of § 4.3
<br />below, NextG may have the right to draw compatible electricity for the operation of the
<br />Equipment from the power source associated with the Municipal Facility. NextG shall not
<br />connect its Equipment to nor draw any power from any traffic signal device. A denial of an
<br />application for the attachment of Equipment to Municipal Facilities shall not be based upon the
<br />size, quantity, shape, color, weight, configuration, or other physical properties of NextG's
<br />Equipment if the Equipment proposed for such application conforms to one of the pre-approved
<br />configurations and the Equipment specifications set forth in Exhibit A.
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<br />Right-of-Way Use Agreement
<br />City of Redwood City:: NextG Networks of California, Inc.
<br />page 3 of15
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