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6.B. - Page 5 of 22
<br />authorize Company to provide resold and full facilities -based local exchange service, including
<br />access service, in the territories of the Uniform Regulatory Framework Incumbent Local Exchange
<br />Carriers, and interexchange services throughout the State of California, as well as interstate
<br />services authorized by the Federal Communications Commission..
<br />1.6 Facilities — means fiber optic cables, coaxial and copper cables, conduits,
<br />converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location
<br />marker, appurtenances, and related facilities located or to be located in the Public Rights -Of -Way
<br />of the City and used or useful for the transmission of Telecommunications Services.
<br />ARTICLE 2
<br />INSTALLATION AND MAINTENANCE OF FACILITIES
<br />2.1 Permitted Installations. During the term of this Agreement, Company may install,
<br />maintain, operate, relocate and remove the Facilities within the City's Public Rights -Of -Way
<br />subject to the issuance of required encroachment and building permits and approvals. The Facilities
<br />shall be shown and described in permit applications filed with the City Engineer and may be
<br />modified by subsequent permits approved by the City. All Facilities to be installed, maintained,
<br />operated, relocated and removed under this Agreement shall be underground in areas where all
<br />existing utilities are already underground or all new utilities are being installed underground;
<br />provided, however, that in those areas where poles exist and electric and/or telephone lines are
<br />overhead, Company may install fiber optic cables overhead if using the same poles (subject to the
<br />approval of the pole owner and City); and further provided that whenever and wherever the owner
<br />of the poles moves its plant from overhead to underground placement in an area, all Company's
<br />facilities must be relocated and moved underground as directed by the City Engineer, at Company's
<br />expense, and in accordance with then -existing City practices, policies and regulations.
<br />2.2 No Cost to City. The construction, installation, operation, maintenance, and
<br />removal of any Facilities shall be accomplished (i) without cost or expense to the City and (ii)
<br />subject to the prior approval of the City Engineer. Company shall maintain any such Facilities at
<br />all times in good and safe condition and free from any nuisance to the satisfaction of the City
<br />Engineer.
<br />2.3 Compliance with Code. Company shall comply with the provisions of the
<br />Redwood City Code, as may be amended from time to time (the "Code"), including Chapter 11,
<br />Privately Owned Utilities, and Chapter 29 Streets, Sidewalks and Work In or Use of City Right -
<br />of -Way. Company shall also comply with applicable provisions of the City's Zoning Code, as
<br />amended from time to time (the "Zoning Code"). In the event of a conflict between this Agreement
<br />and the Code and/or the Zoning Code, the provisions of the Code and/or the Zoning Code shall
<br />apply.
<br />2.4 Encroachment Permits. All work performed by Company under this Agreement
<br />shall be made pursuant to individual encroachment permits. Company shall obtain encroachment
<br />permits from the City for the installation of the Facilities and for any other work or activities within
<br />the City's Public Rights -Of -Way as required by Chapter 29 of the Code. Company shall submit
<br />all plans, schedules, and information required by the Code and the City Engineer. Company also
<br />shall submit all required fees, cash deposits, bonds or other security required by the City Engineer
<br />in accordance with the Code. All work within the Public Rights -Of -Way shall be performed in
<br />strict compliance with the terms and conditions of this Agreement, the Code, and the pertinent
<br />REV: 07-09-2020 PR
<br />ATiY/AGR.2020.1221Sonic Telecom, LLC (Page 2 of 19) 15
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