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"Fiber Optic Network Facilities" or "Facilities" means without limitation, any and all fiber
<br />optic, coaxial and copper cables, conduits, converters, splice boxes, cabinets, hand-holes,
<br />manholes, pedestals, vaults, equipment, drains, surface location markers, appurtenances and
<br />related facilities owned, leased or licensed by Level 3, located or to be located in the Public
<br />Right-of-Way of City and used or useful for and in connection with the transmission of
<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,
<br />regulation, rule, tariff, administrative order, certificate, order, or other requirement of any
<br />municipal, county, state, federal, or other Agency having joint or several jurisdiction over the
<br />parties to this Agreement, in effect either at the time of execution of this Agreement or at any
<br />time during the location of the Facilities in the Public Right-of-Way, including, without limitation,
<br />any regulation or order of an official entity or body.
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<br /> "Person" means an individual, a corporation, a partnership, a sole proprietorship, a joint
<br />venture, a business trust, and any other form of business association.
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<br /> "Provision" means any agreement, clause, condition, covenant, qualification, restriction,
<br />reservation, term, or other stipulation in this Agreement that defines or otherwise controls,
<br />establishes, or limits the performance raquirad or permitted by any party to this Agreement. All
<br />Previsions, whether covenants or conditions, shall be deemed to be both covenants and
<br />conditions.
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<br /> "Public Right-of-Way" means in, upon, along, across, under and over the public streets,
<br />reads, lanes, courts, ways, alleys, boulevards, and places, including, without limitation, all public
<br />utility easements and public service easements, as the same now or may thereafter exist that
<br />are under the jurisdiction of City. This term shall not include any property owned by any Person
<br />or Agency other than City except as provided by applicable Laws or pursuant to an agreement
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<br />F:Atty/Agr.076 3
<br />100702
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