Common use of Access to Rights-of-Way Generally Clause in Contracts

Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non- exclusive ROW, AT&T shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other ROW obtained by Attaching Party from the property owner. At locations where AT&T has obtained exclusive ROW from third-party property owners or otherwise controls the ROW, AT&T shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in such ROW or easements (e.g., for cabinets placed on or underground), AT&T shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T to obtain such ROW or easements, plus any other documented legal, administrative, and engineering costs incurred by AT&T in obtaining such ROW or easements and processing Attaching Party’s requests for such access.

Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non- exclusive ROW, AT&T shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other ROW obtained by Attaching Party from the property owner. At locations where AT&T has obtained exclusive ROW from third-party property owners or otherwise controls the ROW, AT&T shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in such ROW or easements (e.g., for cabinets placed on or underground), Attaching Party agrees to reimburse AT&T shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T to obtain such ROW or easements, plus for any other documented legal, administrative, administrative and engineering costs incurred by AT&T in obtaining such ROW or easements and processing that are solely attributable to Attaching Party’s requests for such access.

Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non- exclusive ROW, AT&T shall will not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other ROW obtained by Attaching Party obtained from the property owner. At locations where AT&T has obtained exclusive ROW from third-party property owners or otherwise controls the ROW, AT&T shallwill, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in such ROW or easements (e.g., for cabinets placed on or underground), Attaching Party agrees to reimburse AT&T shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T to obtain such ROW or easements, plus for any other documented legal, administrative, administrative and engineering costs incurred by AT&T in obtaining such ROW or easements and processing incurs that are solely attributable to Attaching Party’s requests for such access.