NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
<br />WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
<br />Section 1. Definitions.
<br />A. For the purposes of this Franchise Agreement and the Exhibit attached hereto,
<br />the following terms, words, phrases, and their derivations where capitalized shall have the
<br />meanings given herein. Terms not defined herein shall have the meaning given in Title 11
<br />of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila
<br />Municipal Code shall have the meaning given pursuant to such federal statutes, rules, or
<br />regulations that apply to and regulate the services provided by VERIZON. Words not
<br />otherwise defined shall be given their common and ordinary meaning.
<br />B. When not inconsistent with the context, words used in the present tense include
<br />the future, words in the plural include the singular, and words in the singular include the
<br />plural. The word "shall" is always mandatory. References to governmental entities
<br />(whether persons or entities) refer to those entities or their successors in authority. If
<br />specific provisions of law, regulation or rule referred to herein are renumbered, then the
<br />reference shall be read to refer to the renumbered provision.
<br />1. "Affiliate" when used in connection with VERIZON means any Person who
<br />owns or controls, is owned or controlled by, or is under common ownership or control with
<br />VERIZON.
<br />2. "Construct" shall mean to construct, reconstruct, install, reinstall, align,
<br />realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use,
<br />relocate, remove, or support.
<br />3. "Default" shall mean any failure of a Party to keep, observe, or perform any
<br />of its duties or obligations under this Franchise that is not cured within 30 days after receipt
<br />of written notice from the non -defaulting Party.
<br />4. "Design Document(s)" shall mean the plans and specifications for the
<br />construction of the Facilities meeting the minimum applicable general plan submittal
<br />requirements for engineering services plan review as set forth in the City's Infrastructure
<br />Design and Construction Standards Manual (the "Standards"), illustrating and describing
<br />the refinement of the design of the Telecommunications System Facilities to be
<br />Constructed, establishing the scope, relationship, forms, size and appearance of the
<br />Facilities by means of plans, sections and elevations, typical construction details, location,
<br />alignment, materials, and equipment layouts. The Design Documents shall include
<br />specifications that identify utilities, major material and systems, Public Right -of -Way
<br />improvements, restoration and repair, and establish in general their quality levels.
<br />5. "Dispute" shall mean a question or controversy that arises between the
<br />Parties concerning the observance, performance, interpretation or implementation of any
<br />of the terms, provisions, or conditions contained in this Franchise Agreement or the rights
<br />or obligations of either Party under this Franchise Agreement.
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