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<br />3.2 Attachment to Third-Party Property. If authorized by valid franchise or encroachment
<br />permit, and subject to obtaining the written permission of the owner(s) of the affected property,
<br />the City hereby authorizes and permits NextG to enter upon the Public Rights-of-Way and to
<br />attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of
<br />Equipment in or on poles or other structures owned by public utility companies or other
<br />property owners located within the Public Way as may be permitted by the public utility
<br />company or property owner, as the case may be. NextG shall furnish to the City documentation
<br />of such permission and copies of any contracts providing such permission from the individual
<br />utility or property owner responsible. All installations shall be reviewed by the City Engineer or
<br />designee for approval. The City Engineer shall review each application to verify each installation
<br />is safe, avoids unnecessary or redundant utility boxes or facilities, avoids obstruction of sight
<br />lines for traffic, and avoids unreasonable obstruction of pedestrian traffic and unreasonable
<br />obstruction of views from residential property, by the City's determination. NextG shall
<br />cooperate to the fullest extent possible to avoid unnecessary boxes on the Municipal Facilities. If
<br />not authorized by a valid franchise or encroachment permit, NextG shall pay the annual fee set
<br />forth in Section 4.1.
<br />
<br />3.3 Preference for Municipal Facilities. In any situation where NextG has a choice of attaching
<br />its Equipment to either Municipal Facilities, shared facilities or third-party-owned property in the
<br />Public Way, NextG agrees to attach to the Municipal Facilities, provided that (i) such Municipal
<br />Facilities are at least equally suitable functionally for the operation of the Network and (ii) the
<br />rental fee and installation costs associated with such attachment over the length of the term are
<br />equal to or less than the fee or cost to NextG of attaching to the alternative shared or third-party-
<br />owned property.
<br />
<br />3.4 No Interference. NextG in the performance and exercise of its rights and obligations under
<br />this Use Agreement shall not interfere in any manner with the existence and operation of any and
<br />all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles,
<br />aerial and underground electrical and telephone wires, electroliers, cable television, location
<br />monitoring services, public safety and other telecommunications, utility, or municipal property,
<br />without the express written approval of the owner or owners of the affected property or
<br />properties, except as permitted by applicable Laws or this Use Agreement.
<br />
<br />3.5 Compliance with Laws. NextG shall comply with all applicable Laws in the exercise and
<br />performance of its rights and obligations under this Use Agreement.
<br />
<br />3.6 No Authorization to Provide Other Services. NextG represents, warrants and covenants that
<br />its Equipment installed pursuant to this Use Agreement will be utilized solely for rendering the
<br />Service identified herein and NextG is not authorized to and shall not use its Equipment to offer
<br />or provide any other services not specified herein. Failure to abide by this will constitute a
<br />material breach of this Use Agreement and the City, after providing NextG with written notice
<br />may levy fines in an amount not to exceed one thousand dollars ($1000.00) per day until the
<br />breach is cured.
<br />
<br />3.7 Nonexclusive Use Rights. Notwithstanding any other provision of this Use Agreement, any
<br />and all rights expressly or impliedly granted to NextG under this Use Agreement shall be non-
<br />exclusive, and shall be subject and subordinate to (1) the continuing right of the City to use, and
<br />to allow any other person or persons to use, any and all parts of the Public Rights-of-Way or
<br />Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the
<br />public easement for streets and any and all other deeds, easements, dedications, conditions,
<br />covenants, restrictions, encumbrances and claims of title (collectively "Encumbrances") which
<br />
<br />Right-of Way Use Agreement
<br />City of Redwood City:: NextG Networks of California, Inc.
<br />page 4 of15
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