Common use of Allowed Use Clause in Contracts

Allowed Use. a. Licensee desires rights to occupy and use various sites (“Network Facility Sites”) that are located on real property owned by the City or under the City’s management or control ("City Property"). This Master Agreement is not an agreement to license any particular Network Facilities Sites. Pursuant to individual Network Facility Site Licenses (defined below in Sec. 2.c.), Licensee shall be granted rights to exclusive use of designated Network Facility Sites and non-exclusive utility, pedestrian, and vehicular access rights to the City Property for the limited purpose of installation, operation, and maintenance of Licensee's structures housing network equipment and facilities ("Network Facility" or “Network Facilities”) solely as a part of Licensee's network and for no other uses except with City’s prior express written approval. The construction of each Network Facility will be in accordance with the specifications described in the corresponding Network Facility Site License exhibit executed and attached to this Agreement, which may be amended only by mutual written agreement of the parties. In the event any term or condition of a Network Facility Site License exhibit conflicts with this Master Agreement, the term or condition of the Network Facility Site License exhibit will control. b. Licensee shall have the right to improve the City Property and the Network Facility Site as necessary for the Network Facility as specified in the corresponding Network Facility Site License exhibit. However, other than the installation of the Network Facilities themselves, no buildings, structures or multi-story improvements may be altered or constructed on City Property without prior written approval of the City. Licensee shall be responsible for knowledge of and compliance with all City building and safety, zoning, planning and other requirements. c. All personal property, including but not limited to furniture, brought onto any City Property by Licensee shall be owned by Licensee, and removed at the Licensee’s expense at the earlier of the expiration or termination of the Network Facility Site License or this Agreement. All improvements that are attached to or made upon the City Property, including but not limited to asphalt, striping, curbs, gutters, drainage facilities, sidewalks, lighting and landscaping at the expiration or termination of this Agreement shall, at the City’s option, either become part of the City Property or be removed at the Licensee’s expense. Any property left on City Property after the expiration of the License shall be deemed surrendered or subject to removal and associated costs by the City against the Licensee. d. For any Network Facility Site License exhibit executed and attached to this Agreement, the Licensee agrees that it is fully aware of the condition of the corresponding City Property. City shall have no responsibility for any repairs or improvements to the City Property prior to, during the Term of the Network Facility Site License or as a condition of, Licensee’s occupancy or use of the City Property. City makes no representations, covenants or warranties respecting the condition and suitability of the City Property, fitness for a particular use, any other condition of the City Property or regarding the other uses allowed upon said City Property. e. Upon the earlier of the termination of the applicable Network Facility Site License exhibit or this License, Licensee shall surrender the Network Facility Site(s) and City Property to City in as good condition as when received, ordinary wear and tear excepted, and including any repairs or improvements made by Licensee and accepted by the City.

Allowed Use. a. Licensee desires rights 3.1. Company may attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate, and replace, at Company’s sole responsibility and expense, the SWF subject to occupy this License, the applicable Site License Addendum, and compliance with LMC. Company shall not use various sites (“Network Facility Sites”) that are located on real property owned by the City or under Facilities for any other purpose whatsoever without the prior written consent of the City’s management or control (". 3.2. Licensee is solely responsible for procuring electricity for its SWF and directly paying its chosen electricity provider for such services. The City Property"). This Master Agreement is not an agreement responsible for managing Licensee’s electricity needs, payments, or for supplying electricity to license any particular Network Facilities Sitesthe SWF. Pursuant to individual Network Facility Site Licenses (defined below in Sec. 2.c.)Where possible when deploying, Licensee shall procure metered electricity services. 3.3. Company represents, warrants and covenants that SWF installed pursuant to this License will be granted utilized solely for providing data/telecommunications services, and Company is not authorized to and shall not use its SWF to offer or provide any other services not specified herein without prior written permission or agreement from the City. 3.4. Company, in the performance and exercise of its rights to exclusive use and obligations under this License, shall not interfere in any manner with the existence and operation of designated Network Facility Sites any and nonall existing and future public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities which are pre-exclusive existing at that location, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utility, pedestrianor municipal property, and vehicular access rights to without the City Property for the limited purpose of installation, operation, and maintenance of Licensee's structures housing network equipment and facilities ("Network Facility" or “Network Facilities”) solely as a part of Licensee's network and for no other uses except with City’s prior express written approval. The construction of each Network Facility will be in accordance with the specifications described in the corresponding Network Facility Site License exhibit executed and attached to this Agreement, which may be amended only by mutual written agreement of the parties. In the event any term or condition of a Network Facility Site License exhibit conflicts with this Master Agreement, the term or condition of the Network Facility Site License exhibit will control. b. Licensee shall have the right to improve the City Property and the Network Facility Site as necessary for the Network Facility as specified in the corresponding Network Facility Site License exhibit. However, other than the installation of the Network Facilities themselves, no buildings, structures or multi-story improvements may be altered or constructed on City Property without prior written approval of the City. Licensee shall be responsible for knowledge of and compliance with all City building and safety, zoning, planning and other requirements. c. All personal property, including but not limited to furniture, brought onto any City Property by Licensee shall be owned by Licensee, and removed at the Licensee’s expense at the earlier owner or owners of the expiration affected property or termination of the Network Facility Site License or this Agreement. All improvements that are attached to or made upon the City Propertyproperties, including but not limited to asphalt, striping, curbs, gutters, drainage facilities, sidewalks, lighting and landscaping at the expiration or termination of this Agreement shall, at the City’s option, either become part of the City Property or be removed at the Licensee’s expense. Any property left on City Property after the expiration of the License shall be deemed surrendered or subject to removal and associated costs except as permitted by the City against the Licensee. d. For any Network Facility Site License exhibit executed and attached to this Agreement, the Licensee agrees that it is fully aware of the condition of the corresponding City Property. City shall have no responsibility for any repairs or improvements to the City Property prior to, during the Term of the Network Facility Site License or as a condition of, Licensee’s occupancy or use of the City Property. City makes no representations, covenants or warranties respecting the condition and suitability of the City Property, fitness for a particular use, any other condition of the City Property or regarding the other uses allowed upon said City Property. e. Upon the earlier of the termination of the applicable Network Facility Site License exhibit Laws or this License. 3.5. In no event shall Company install, Licensee shall surrender operate, modify, maintain or remove any SWF on any City Facilities except in compliance with the Network Facility Site(s) terms of this License and City Property to City the applicable Site License Addendum. Company’s violation of the provisions of this Section beyond applicable notice and cure periods is an event of default and grounds for termination in as good condition as when received, ordinary wear and tear excepted, and including any repairs accordance with Section 25 of this License or improvements made by Licensee and accepted by the CitySite License Addendum.