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purpose of installing, operating, and maintaining of Cable; and <br />b. SJVMI grants to City, and City accepts, a license for the sole and exclusive use <br />of a certain number of fiber strands in Cable owned by SJVMI. <br />2.2 Nothing in this Agreement shall be. taken to constitute a joint venture or other such <br />business arrangement. <br />23 Neither Party is an agent or representative of the other or is authorized to make any <br />warranties or representations or assume or create any other obligations on behalf of the <br />other, <br />3. Term. <br />3.1 The term of this Agreement ("Term") commences on the date first written above <br />("Effective Date") and continues until its ten-niation in accord with the provisions of <br />§ 12. <br />3. <br />2 The Reciprocal Licenses defined in §4 are in effect for the duration of the Term. <br />4, The Parties hereby grant to each other the licenses (the <br />"Reciprocal Licenses") specified below. <br />4,1 Subject to the provisions of this Agreernont, City hereby grants to, SJVMI and <br />SJVMI accepts a license to at its sole expense ellgagc ill the following activities: a. install underground conduits, niaiiholes, hnildholes, Calflc, and related fa ili ies <br />within rights -of -way owned by City at the effective date of this Agreement and <br />any additional rights -of -way that City may acquire in the future; <br />b. install inner duce, Cable, and related facilities Arithil-I conduits owned by City at <br />the effective date of this Agreement and any additional conduit that City may <br />install or acquire in the future; and <br />c. inspect, maintain, repair, replace, and remove SJVMI-ownc4 Cable and related <br />facilities locLited within City -owned rights -of -way and conduits; and <br />d. enter City -owned rights -of -way and conduit used for installations of Cable and <br />related facilities hereunder twenty-four (24) hours per day, seven (7) days per <br />week, provided that SJVMI shall coinply with such reasonable standard <br />procedures established by City from time to titne governing access to such <br />areas; and <br />e, permit third parties, on a nondiscriminatory basis, access to Dark Fiber in <br />SJVMI-owned Cable except for the thirty-six (36) fiber strands reserved for the <br />solc and exclusive use of City under the provisions of §4.2; and <br />f retain for its own use one hundred percent (100%) of any fees collected by <br />SJVMI under file provisions of agreements permitting third parties to access <br />Dark Filier in SJVMI-owned which proceeds shall be tised consistem <br />with the n(.)t for profit status of SJVMI including, first 'lot limited to, <br />expansion of the Dark Fiber network consistent with the goal of providing <br />affordable broadband access to the community. <br />4.2 Subject to the provisions of this Agreement, SJVMI hereby grants to City and City <br />accepts a license to engage in the l'ollowing activities', <br />a, solely and exclusively use, at no flee charged to City, up to thirty-six (36) fiber <br />strands in SJVMI-owned Cable that is installed within City-owmd rights -of - <br />way or conduit at the effective date of this Agreement and additional Cable that <br />SJVMI may install within City -owned rights -of -way or conduit in the future; <br />Reciprocal Uwisc Agreement boweeii Cily and SIVMI Page. 4 of 13 <br />