Notice of Other Users Clause Samples

Notice of Other Users. Franchisee may enter contracts or leases with unrelated third-parties (“Users”) in ordinary course of Franchisee’s business for use of the Conduit Systems and/or Fiber Optic Networks and/or other portions of the Telecommunications System within the Right-of-Way subject to this Agreement. Such described contracts or leases (“User Contract” or “User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following:

Notice of Other Users. 11 2.8. Liability of Franchisee 11 Section 3. SCOPE OF AUTHORITY 11 3.1. Non-Exclusive 11 3.2. No Usage Transfer 12 3.3. Franchisee Poles 12

Notice of Other Users. 4.1 MCI may enter into contracts with unrelated third parties (“Users”) in the ordinary course of MCI’s business for use of the Conduit Systems and/or Fiber Optic Networks within the portions of the ROW subject to this Agreement. Such contracts (“User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following: 4.1.1 No person shall transmit data over the Fiber Optic Networks or otherwise use the Conduit System(s) except under a User Contract with MCI. 4.1.2 Such Users shall not perform any construction, maintenance, repair or other work of any kind in the ROW related to the Fiber Optic Networks or Conduit System(s) and the identity of such Users must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 31.

Notice of Other Users. 4.1 Alluvion may enter into contracts with unrelated third parties (“Users”) in the ordinary course of Alluvion’s business for use of the Conduit Systems and/or Fiber Optic Networks within the portions of the ROW subject to this Agreement. Such contracts (“User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following: 4.1.1 No person shall transmit voice, video or data over the Fiber Optic Networks or otherwise use the Conduit System(s) except under a User Contract with Alluvion. 4.1.2 Such Users shall not perform any construction, maintenance, repair or other work of any kind in the ROW related to the Fiber Optic Networks or Conduit System(s) and the identity of such Users must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 31.

Notice of Other Users. 4.1 Trucom may enter into contracts with unrelated third parties (“Users”) in the ordinary course of Trucom’s business for use of the Conduit Systems and/or Fiber Optic Networks within the portions of the ROW subject to this Agreement. Such contracts (“User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following: 4.1.1 No person shall transmit data over the Fiber Optic Networks or otherwise use the Conduit System(s) except under a User Contract with Trucom. 4.1.2 Such Users shall not perform any construction, maintenance, repair or other work of any kind in the ROW related to the Fiber Optic Networks or Conduit System(s) and the identity of such Users must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 31.

Notice of Other Users. 4.1 This License further authorizes the Licensee to do the following: 4.1.1 In its ordinary course of business to lease or contract with other unrelated third parties (“Users”) for use of all or part of the Communications Network (“User Contracts”), as distinguished from selling telecommunications services (as defined by Tempe City Code Section 31A-2) carried on the Communications Network. Any User selling telecommunications services on the Communications Network must obtain a telecommunications license from the City, and their use of the Facilities will be subject to the terms of that telecommunications license. 4.1.2 Such Users shall not perform any construction, maintenance, repair or other work of any kind in the ROW related to the Communications Network or Conduit System(s) and the identity of such Users must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 28. All User contracts shall prohibit such Users from performing any construction, maintenance, repair or other work of any description in the ROW related to the Communications Networks or Conduit System(s), unless such Users have a valid permit or other written authorization from the City. 4.1.3 In the event the User Contract provides for the User to construct, install, operate or maintain any portion of the Communications Network or Conduit System(s) within the route in the ROW, no such arrangement shall proceed until the User enters into an agreement with the City for use of the City’s ROW. 4.2 The Licensee agrees that if Licensee leases or licenses the Communications Network facilities to others for any other use, then Licensee shall condition the effectiveness of such upon the lessee/licensee applying for and obtaining from the City any required authorization for such use, including, if required, a telecommunications services license, or any other license that the City may require. Licensee agrees and will take reasonable actions to inform entities delivering telecommunications services over the Communication Network that Tempe City Code requires persons using Licensee's facilities to obtain a telecommunication license if such person constructs, installs, operates or maintains telecommunication facilities within the ROW. 4.3 [Entity Name] shall cause to comply with this License all persons using the ROW through or under [Entity Name] or this License. [Entity Name] is responsible for any violations of this License by perso...

Notice of Other Users. 4.1 AT&T may enter into contracts for use of its facilities within the ROW to provide telecommunication services. Such contracts (“User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following: 4.1.1 Such Users shall not perform any construction, maintenance, repair or other work of any kind in the ROW related to the Fiber Optic Networks or Conduit System(s) and the identity of such Users must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 31.

Notice of Other Users. 4.1 ▇▇▇ may enter into contracts with unrelated third party Telecommunications Corporations in the ordinary course of Integra’s business for resell of Telecommunications Services. Such contracts (“User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following: 4.1.1 No Telecommunications Corporation shall provide Telecommunications Services over the Fiber Optic Networks or otherwise use the Conduit System(s) except under a User Contract with Integra. 4.1.2 User Contracts shall prohibit any construction, maintenance, repair or other work of any kind in the ROW related to the Fiber Optic Networks or Conduit System(s) without a separate agreement between the Telecommunications Corporation with a User Contract and the City, permitting the Telecommunications Corporation use of the City’s ROW for such purposes. The identity of any Telecommunications Corporation with a User Contract must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Section 31.2.3. 4.2 ▇▇▇ shall cause to comply with this Agreement all persons using the ROW through or under ▇▇▇ or this Agreement. ▇▇▇ is responsible for any violations of this Agreement by persons using the ROW through or under ▇▇▇ or this Agreement.

Notice of Other Users. Franchisee may enter contracts or leases with unrelated third- parties (“Users”) in ordinary course of Franchisee’s business for use of the Conduit Systems and/or Fiber Optic Networks and/or other portions of the Telecommunications System within the Right-of- Way subject to this Agreement. Such described contracts or leases (“User Contract” or “User Contracts”) shall be subject to all requirements and provisions of this Agreement and the following:‌ 2.7.1 No Person shall transmit Telecommunication Services, data, or other services or products over the Fiber Optic Networks or other portions of the Telecommunications System or otherwise use the Conduit System(s) except under a User Contract. 2.7.2 Such User(s) shall not perform any Construction, Installation, Maintenance, Operations or other Work of any kind in the Right-of-Way related to the Fiber Optic Networks, the Telecommunications System or the Conduit System(s), and the identity of such User(s) must be disclosed to the City upon request, but such information will be considered Confidential and Proprietary under Applicable Law. All User Contracts shall prohibit User(s) from performing any Construction, Installation, Maintenance, Operation or other Work of any description in the Right-of- Way related to the Telecommunications System, the Fiber Optic Network or Conduit System(s), unless such User(s) have an agreement or franchise with the City. 2.7.3 In the event the User Contract provides for the User to Construct, Install, Operate or Maintain any portion of the Telecommunications System, the Fiber Optic Network or the Conduit System(s) within the route in the Right-of-Way, no such arrangement shall proceed until the User enters into an agreement or franchise with the City for use of the City’s Right-of- Way.