Seattle SMSA Limted Partnership dba Verizon 3/26/2020

1.3. "Site License Addendum" means the document in the form substantially similar to Exhibit C that,when fully executed,incorporates the provisions of this Agreement and authorizes the Company to install, operate, and maintain the Site Equipment on City Poles identified in the specific Site License Addendum. 1.4. "Small Cell" means a personal wireless services facility that is consistent with RCW 80.36.375(2)(d) as it currently exists or is subsequently amended and as authorized by a City approved Site License Addendum. 1.5. "Spectrum Act" refers to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 USC 1455. 2. City Poles 2.1. The City represents as follows: 2.1.1. it owns the City Poles and all appurtenances; 2.1.2. it is fully authorized to enter into this Agreement; and 2.1.3. the individual executing this Agreement is authorized to bind the City to the provisions hereof. 2.2 The City hereby licenses to Company a portion of the City Poles, as approved in each Site License Addendum,the form of which is attached hereto and incorporated herein, together with non-exclusive access rights, to and from the City Poles, sufficient for Company's use of the City Poles, as outlined in Section 11 herein. 2.3. Notwithstanding Section 2.2 above and Exhibit A, Company's use of the City Poles is subject to the City's prior approval of a Site License Addendum for each City Pole. The City is not obligated to subordinate its municipal functions or proprietary interests in any way to the Company's interest under this Agreement or a Site License Addendum. In determining whether to approve the Company's application for any Site License Addendum, the City may consider any matter affecting its municipal obligations or proprietary interests. If the City determines that the usage of such City Poles is not feasible due to the City's municipal obligations or proprietary interests,the City in its sole discretion may deny a Site License Addendum application, or terminate a Site License Addendum in accordance with section 30 of this Agreement. 2.4. Company has been provided the opportunity to examine the City Poles and upon submittal of a Site License Addendum accepts each City Pole referenced in the Site License Addendum AS IS and WHERE IS, with all faults. The authority granted by this Agreement is a limited,non-exclusive authorization to occupy and use certain City Poles as approved by a Site License Addendum. Such use must also be in compliance with the Everett Municipal Code (the "EMC") and all other federal, state, and local laws and regulations, including without limitation, City Design and Construction Standards and Specifications for Development, as they now exist or are subsequently amended. 2