Lateral Proposal - St Joe Valley Metronet - Tech Resource Center Metronet Buildout

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b. install at its sole expense Cable laterals and connect such laterals to SJVMI- owned Cable that is installed within City -owned rights -of -way or conduit; and c. inspect, maintain, repair, replace and remove at its sole expense Cable laterals Connected to SJVMI-owned ('able that is installed within City -owned rights -of - way or conduit. 'es, 5. Li(�em— Ille 0 )roq�� 5.1 Neither Party shall use its rights under the license granted pursuant to the provisions of this Agreement to provide services; including, but not limited to, cable service as defined in 47 U.S.C. 522(6), telecommunications service as defined in 47 U.S.C. 153(46), information service as defined in 47 U.S.C. 153(20), advance services as defined in 47 C.F.R. 51,5, broadband service, and internet protocol enabled services however classified by the Federal Communications Commission to any third party. For the avoidance of doubt, the Parties expressly state they do not intend the foregoing sentence to prohibit SJVMI from permitting third parties to access Dark Fiber in SJVMI- owned Cable whether or not in exchange for a fee or other consideration. 5.2 Prior to SJVMPs installing manholes, handholes, conduits, inner ducts, Cable, or related facilities in City -owned rights -of -way or conduit, SJVMI shalt obtain City's approval of the plans and specifications for such work. City shall not unreasonably withhold, delay, or condition its approval of said plans and specifications. 5.3. SJVMI shall at all times peTform any work within rights -of -way or conduit owned by City in accordance with the applicable provisions of local, state, and federal occupational safety and health laws and prevailing industry standards. 5.4. Any of SJVMI's representatives (including employees, contractors, or subcontractors) who enter the property of City shalt be qualified to perform all work ill accordance with applicable requirements of local, state and federal occupational safety and health laws and prevailing industry standards. SJVMI shall ensure that the work will be completed consistently with the foregoing requirements. City shall have the right to bar without liability the entry of any of SJVMFs representatives onto the property of City in the event that they do not satisfy the foregoing qualifications or act in violation of the foregoing standards. 5.5 Prior to City's installing a lateral to any SJVMI-owned Cable, City shall obtain SJVMFs approval of the plans and specifications for such work. Such plans and specifications shall_ be prepared in compliance with prevailing telecommunications industry standards. SJVMI shall not unreasonably withhold, delay, or condition its approval of said plans and specifications. 6, JIropLLeIjry,__T�iL1jjt.�?- 6.1 Except for the right to engage in the activities sot forth in §4. 1, the license granted to SJVMI by City does not include a grant by City to SJVMI of ownership right, title, or interest, nor any seoui-ity interest or other interest, in any property rights relating to City - owned rights -of -way or conduit. 6.2 Except for the right to engage in the activities set forth in §4.2, the license granted to City by SJVMI does not include a grant by SJVMI to City of ownership right, title, or interest, nor any security interest or other interests be it ownership, operational control or any other property rights relating to SJVMI-owned Cable and related facilities. Recipiocal License Agremeni behvecii City and SJVMI page 5 of 12