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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 Exhibit attached hereto, the following
<br />terms, words, phrases, and their derivations where capitalized shall have the meanings
<br />given herein. Terms not defined herein shall have the meaning given in Title 11 of the
<br />Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal
<br />Code, shall have the meaning given pursuant to such federal statutes, rules, or regulations
<br />that apply to and regulate the services provided by Franchisee. Words not otherwise
<br />defined shall be given their common and ordinary meaning.
<br />B. When not inconsistent with the context, words used in the present tense include
<br />the future, words in the plural include the singular, and words in the singular include the
<br />plural. The word "shall" is always mandatory. References to governmental entities (whether
<br />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 />1. "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 />2. "Construct" shall mean to construct, reconstruct, install, reinstall, align,
<br />realign, locate, relocate, adjust, affix, attach, replace, repair, upgrade, monitor, maintain,
<br />use, relocate, remove, or support.
<br />3. "Contractor" shall mean any contractor selected and engaged by Franchisee
<br />to Construct Facilities in the Public Right(s)-of-Way.
<br />4. "Costs" shall mean the actual, and documented costs incurred.
<br />5. "Default" shall mean any failure of a Party to keep, observe, or perform any
<br />of its duties or obligations under this Franchise.
<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 Telecommunications System Facilities to be Constructed,
<br />establishing the scope, relationship, forms, size, and appearance of the Facilities by means
<br />of plans, sections, and elevations, typical construction details, location, alignment, materials,
<br />and equipment layouts. The Design Documents shall include specifications that identify
<br />utilities, major material and systems, Public Right -of -Way improvements, restoration and
<br />repair, and establish in general their quality levels.
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