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7. "Dispute" shall mean a question or controversy that arises between the
<br />Parties concerning the observance, performance, interpretation, or implementation of any
<br />of the terms, provisions, or conditions contained in this Franchise or the rights or obligations
<br />or either Party under this Franchise.
<br />8. "Emergency" shall mean and refer to a sudden condition or set of
<br />circumstances that: (a) significantly disruptdisru is or interRiptinteir ts the operation of
<br />Facilities in the Public Rights -of -Way and Franchisee's ability to continue to provide services
<br />if immediate action is not taken or (b) present an immediate threat of harm to persons or
<br />property if immediate action is not taken.
<br />- 9. "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, Sma) i Celis and other wireless
<br />transmission devices (collectively, "Transmission Media")
<br />an existing utility pole located in the Public Rights -of/
<br />wireless, Wi-Fi, voice, data, messaging, or similar t;
<br />future offered to the public in general using spej r m radio fr
<br />licensed by the Federal Go ;mom,, €atccComm
<br />"Facilities" also means the control boxes, meters 4
<br />power sources, poles and replacement p.les and
<br />appurtenances between the Transmissio $1 and
<br />and interconnects with broadband backha
<br />hed, mounted, or installed on
<br />%lor the purpose of providing
<br />•i•"ss service now or in the
<br />ncies, whether or not
<br />ommiss on ("FCC")._ "Facility" or
<br />c meter pedestals, cables, conduit,
<br />r equipment, structures, plant, and
<br />prpoint where the Facility terminates
<br />facilities.
<br />he grant giving general permission to
<br />hts-of-Way to use and occupy the same for
<br />d subject to the terms and conditions as set
<br />ation
<br />10. "Franchise"
<br />Franchisee to enter into and
<br />the purposes authorized her
<br />forth herein.
<br />L, 11. (s)„
<br />constitutionslaws, ances,
<br />federal, state, and local ,
<br />or other governmental age iii;
<br />a ear
<br />the ldblic t
<br />an all present and future applicable statutes,
<br />les, regulations, resolutions, environmental standards,
<br />orders, decrees and requirements of the City all
<br />nents, the departments, bureaus, or commissions thereof,
<br />•..�v. +ham R rt
<br />.e, -.,—e onties, including the
<br />City acting in its governmental capacity. References to Laws shall be interpreted broadly to
<br />cover government actions, however nominated.
<br />12. "Network" shall mean collectively the network of Facilities Constructed
<br />by or for and managed by Mobilitie within the Public Rights -of -Way for the provision of the
<br />Services.
<br />13. "Party(ies)" shall mean either the City or the Franchisee or both.
<br />14. "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 />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18
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