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Section 1. Definitions
<br />A. For the purposes of this Franchise and the Exhibits attached hereto, the following
<br />terms, words, phrases, and their derivations where capitalized shall have the meanings
<br />given herein. Terms not defined herein shall have the meaning given in Title 11 of the
<br />Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal
<br />Code, shall have the meaning given pursuant to such federal statutes, rules, or regulations
<br />that apply to and regulate the services provided by the Franchisee. Words not otherwise
<br />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 (whether
<br />persons or entities) refer to those entities or their successors in authority. If specific
<br />provisions of law, regulation, or rule referred to herein are renumbered, then the reference
<br />shall be read to refer to the renumbered provision.
<br />C. "Affiliate" when used in connection with Franchisee means any Person who owns
<br />or controls, is owned or controlled by, or is under common ownership or control with
<br />Franchisee.
<br />D. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign,
<br />locate, relocate, adjust, affix, attach, replace, repair, upgrade, monitor, maintain, use,
<br />relocate, remove, or support.
<br />E. "Costs" shall mean the actual, and documented costs incurred.
<br />F. "Default" shall mean any failure of a Party to keep, observe, or perform any of its
<br />duties or obligations under this Franchise.
<br />G. "Design Document(s)" shall mean the plans and specifications for the
<br />construction of the Facilities meeting at least 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, illustrating and describing the refinement of
<br />the design of the Telecommunications System Facilities to be Constructed, establishing the
<br />scope, relationship, forms, size, and appearance of the Facilities by means of plans,
<br />sections, and elevations, typical construction details, location, alignment, materials, and
<br />equipment layouts. The Design Documents shall include specifications that identify utilities,
<br />major material and systems, Public Right -of -Way improvements, restoration and repair, and
<br />establish in general their quality levels.
<br />H. "Dispute" shall mean a question or controversy that arises between the Parties
<br />concerning the observance, performance, interpretation, or implementation of any of the
<br />terms, provisions, or conditions contained in this Franchise or the rights or obligations of
<br />either Party under this Franchise.
<br />I. "Emergency" shall mean and refer to a sudden condition or set of circumstances
<br />that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of -
<br />Way and Franchisee's ability to continue to provide services if immediate action is not taken,
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