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terms, provisions, or conditions contained in this Franchise or the rights or obligations or
<br />either Party under this Franchise.
<br />J. "Emergency" shall mean and refer to a sudden condition or set of
<br />circumstances that: (a) significantly disrupt or interrupt the operation of Facilities in the Public
<br />Rights -of -Way and Franchisee's ability to continue to provide services if immediate action is
<br />not taken, or (b) present an immediate threat of harm to persons or property if immediate
<br />action is not taken.
<br />K. "Facility" or "Facilities" means any part or all of the facilities, equipment,
<br />and appurtenances of Franchisee whether underground or overhead and located within the
<br />Public Rights -of -Way as part of the Franchisee's Network, including but not limited to, radios,
<br />antennas, transmitters, wires, fiber optic cables, Small Cells, and other wireless
<br />transmission devices (collectively, "Transmission Media") attached, mounted, or installed on
<br />an existing utility pole located in the Public Rights -of -Way for the purpose of providing
<br />wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now or in the
<br />future offered to the public in general using spectrum radio frequencies, whether or not
<br />licensed by the Federal Communication Commission ("FCC"). "Facility" or "Facilities" also
<br />means the control boxes, meters, electric meter pedestals, cables, conduit, power sources,
<br />poles and replacement poles and other equipment, structures, plant, and appurtenances
<br />between the Transmission Media and the point where the Facility terminates and
<br />interconnects with broadband backhaul transmission facilities.
<br />L. "Franchise" shall mean the grant giving general permission to Franchisee to
<br />enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes
<br />authorized herein, all pursuant and subject to the terms and conditions as set forth herein.
<br />M. "Law(s)" shall mean all present and future applicable statutes, constitutions,
<br />ordinances, rules, regulations, resolutions, environmental standards, judicial decisions,
<br />administrative orders, orders, decrees and requirements of the City or other governmental
<br />agency having jurisdiction over the Parties.
<br />N. "Network" shall mean collectively the network of Facilities Constructed by or
<br />for and managed by Mobilitie within the Public Rights -of -Way for the provision of the
<br />Services.
<br />0. "Party(ies)" shall mean either the City or the Franchisee or both.
<br />P. "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 />Q. "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 public right-of-way, including, any
<br />easement now or hereafter held by the City within the corporate boundaries of the City as
<br />now or hereafter constituted for the purpose of public travel, and over which the City has
<br />authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority
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