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f' ORIGINAL 8 Right-af-Way Use Agreement HIS RIGHT-OF-WAY USE AGREEMENT (this " Use Agreement") is dated as of T ~h"'~ Jl-l- , 20~ (the "Effective Date"), and entered into by and between the CITY OF RED 000 CITY, a California municipal corporation (the " City"), and NEXTG NETWORKS OF CALIFORNIA, INc., a Delaware corporation ("NextG"). Recitals A. WHEREAS, NextG owns, maintains, operates and controls, in accordance with regulations promulgated by the Federal Communications Commission and the California Public Utilities Commis6ion, a fiber-based telecommunications Network or Networks (as defined in § 1.9 below) serving NextG's wireless carrier customers and utilizing microcellular optical repeater Equipment (as defined in § 1.3 below) certified by the Federal Communications Commission; and B. WHEREAS, the Public Rights-of-Way within the City are used by and useful to private enterprises engaged in providing telecommunications services to citizens, institutions, and businesses located in the City; and C. WHEREAS, the right to occupy portions of the Public Rights-of-Way upon City owned infrastructure for limited times, for the business of providing telecommunications services, is a valuable economic privilege, the economic benefit of which should be shared with all the taxpayers of the City; and D. WHEREAS, beneficial competition between providers of communications services can be furthered by the City's provision of grants of location and rights to use the Public Rights-of-Way on non- discriminatory and competitively neutral terms and conditions; and E. WHEREAS, for purpose of operating the Network, NextG wishes to locate, place, attach, install, operate, control, and maintain Equipment in the Public Rights-of-Way (as defined below in § 1.11 below), on facilities owned by the City, as well as on facilities owned by third parties therein; and F. WHEREAS, NextG is willing to compensate the City in exchange for a grant of location and the right to use and physically occupy portions of the Public Rights-of-Way, on Municipal Facilities owned by the City or both. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. Agreement: The following definitions shall apply generally to the provisions of this Use 1.1 City. "City" means the City of REDWOOD CITY. Right-of-Way Use Agreement City of Redwood City:: NextG Networks of California, Inc. page 1 of15