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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 and the Exhibits attached hereto, the
<br />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 the Franchisee. 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
<br />include the future, words in the plural include the singular, and words in the singular include
<br />the 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 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
<br />owns 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,
<br />realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate,
<br />remove, and/or support.
<br />E. "Costs" shall mean the actual, and documented costs incurred.
<br />F. "Contractor" shall mean any contractor selected and engaged by Mobilitie to
<br />Construct Facilities in the Public Right(s)-of-Way.
<br />G. "Default" shall mean any failure of a Party to keep, observe, or perform any
<br />of its duties or obligations under this Franchise beyond applicable notice and cure periods.
<br />H. "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 Facilities to be Constructed, establishing the scope, relationship, forms,
<br />size, and appearance of the Facilities by means of plans, sections, and elevations, typical
<br />construction details, location, alignment, materials, and equipment layouts. The Design
<br />Documents shall include specifications that identify utilities, major material and systems,
<br />Public Right -of -Way improvements, restoration and repair, and establish in general their
<br />quality levels.
<br />I. "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 />137061302.3
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