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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 ExhibitsExhibit 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 ords in the singular include
<br />the plural. The word "shall" is always mandatory. Refer ces to governmental entities
<br />(whether persons or entities) refer to those entities or the re essors in authority. If specific
<br />provisionsregulation, of law, re , or rule referred to herei =e re ; bered then the reference
<br />n ,?
<br />shall be read to refer to the renumbered provision.
<br />. 1. "Affiliate" when used in conn tions Franchisee means any Person
<br />who owns or controls, is owned or controlled by, ender common ownership or control
<br />with Franchisee.
<br />9„
<br />. 2. "Construct" shall means c�,pj . reconstruct, install, reinstall, align,
<br />realign, locate, relocate, adjust, affi,11 ach,� ce, r pair, monitor, maintain, use, relocate,
<br />remove, and/or support.
<br />irr�inrl
<br />3. "Contrac� J II °��n any contractor selected and engaged by Mobilitie to
<br />Construct Facilities p; e Pub jig ° )-of-Way.
<br />4. "Costsall mea ethe actual and documented costs incurred.
<br />1�
<br />G: 5. "Defaul//9fir, ns under
<br />any failure of a Party to keep, observe, or perform
<br />any of its duties or obligati ns under this Franchise beyond applicable notice and cure
<br />periods.
<br />6. "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, ("the Standards"), illustrating and describing
<br />the refinement of the design of the Facilities to be Constructed, establishing the scope,
<br />relationship, forms, size, and appearance of the Facilities by means of plans, sections, and
<br />elevations, typical construction details, location, alignment, materials, and equipment
<br />layouts. The Design Documents shall include specifications that identify utilities, major
<br />material and systems, Public Right -of -Way improvements, restoration and repair, and
<br />establish in general their quality levels.
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