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proposed by competitive access providers and other telecommunications <br />companies, including BFC in the Public Right-of-Way within the limits of the City <br />of Redwood City; and <br /> <br /> NOW, THEREFORE, in consideration of the recitals following terms, <br />covenants, conditions, provisions, and restrictions contained herein, City and BFC <br />agree as follows: <br /> <br /> 1. Definitions. The following words, terms, and phrases used in this <br />Agreement shall have the meanings hereinafter respectively ascribed thereto: <br /> <br /> "Agency" means any governmental agency or quasi-governmental agency <br />other than the City, including the Federal Communications Commission and the <br />State of California Public Utilities Commission. <br /> <br /> "Agreement" means this "AGREEMENT BETWEEN THE CITY OF <br />REDWOOD CITY AND BROOKS FIBER COMMUNICATIONS OF SAN JOSE, <br />INC., FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF <br />FIBER OPTIC CABLES AND RELATED FACILITIES WITHIN THE PUBLIC <br />RIGHT-OF-WAY." <br /> <br /> "BFC" means BROOKS FIBER COMMUNICATIONS OF SAN JOSE, INC., <br />a Nevada corporation, and its lawful successors or assigns. <br /> <br /> "Business Day" means any calendar day, except a Saturday, Sunday, and <br />any Day observed as a legal holiday by City. For the purposes hereof, if the time <br />in which an act is to be performed falls on a Saturday, Sunday, or any Day <br /> <br />Agmt-052 <br />Gks ha~d~shar~i~Rcdwood~Council <br /> FXS:rg <br /> 12/18/96 <br /> <br /> 05/06/97R 2 <br /> <br /> <br />