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or (b) presents an immediate threat of harm to persons or property if immediate action is not
<br />taken.
<br />J. "Facility or Facilities" means any part or all of the facilities, equipment, and
<br />appurtenances of Franchisee whether underground or overhead and located within the
<br />Public Rights -of -Way as part of the Franchisee's Telecommunications System, including but
<br />not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and
<br />shelters, vaults, generators, backup power supplies, power transfer switches, cut-off
<br />switches, electric meters, conductors, poles, carriers, drains, vents, guy wires,
<br />encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters,
<br />receivers, antennas, and signage.
<br />K. "Franchise" shall mean the grant, once accepted, giving general permission to
<br />Franchisee to enter into and upon the Public Rights -of -Way to use and occupy the same for
<br />the purposes authorized herein, all pursuant and subject to the terms and conditions as set
<br />forth herein.
<br />L. "Law(s)" shall mean all present and future applicable laws, ordinances, rules,
<br />regulations, resolutions, environmental standards, orders, decrees and requirements of all
<br />federal, state, and local governments, the departments, bureaus, or commissions thereof,
<br />or other governmental authorities, including the City acting in its governmental capacity.
<br />References to Laws shall be interpreted broadly to cover government actions, however
<br />nominated.
<br />M. "Party(ies)" shall mean either the City or the Franchisee or both.
<br />N. "Permit" means a permit issued under the regulatory authority of the City that
<br />provides specific requirements and conditions for Work to Construct Facilities within the
<br />Public Rights -of -Way and includes, but is not limited to: a construction permit, building
<br />permit, street excavation permit, barricade permit, and clearing and grading permit.
<br />0. "Person" means and includes any individual, corporation, partnership,
<br />association, joint -stock -company, limited liability company, political subdivision, public
<br />corporation, taxing district, trust, or any other legal entity, but not the City or any Person
<br />under contract with the City to perform work in the Public Rights -of -Way.
<br />P. "Public Right(s)-of-Way" shall mean the surface of, and the space above and
<br />below, any public street, highway, freeway, bridge, land path, alley, court, boulevard,
<br />sidewalk, way, lane, public way, drive, circle, or other areas designated for the public right-
<br />of-way, including, areas that have been accepted by the City for use as the public right-of-
<br />way and any easement now or hereafter held by the City within the corporate boundaries of
<br />the City as now or hereafter constituted for the purpose of public travel, and over which the
<br />City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory
<br />authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings,
<br />parks, poles, conduits, and excluding such similar facilities or property owned, maintained,
<br />or leased by the City in its proprietary capacity or as an operator of a utility.
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