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2.5. Nothing contained within this Agreement shall be construed to grant or convey any <br /> right, title, or interest in the City Poles to the Company other than for the purpose of <br /> placing and operating the Site Equipment. Further,nothing in this Agreement shall be <br /> interpreted to create or vest in Company any easement or other ownership or property <br /> interest to any City Poles, property, or rights-of-way. This Agreement shall not <br /> constitute an assignment of any City's rights to City Poles,property, or rights-of-way. <br /> 3. Allowed Use <br /> 3.1. Company may install, operate,maintain and remove, at Company's sole responsibility <br /> and expense a Small Cell (including the Site Equipment) as described and depicted on <br /> a City approved Site License Addendum. Company shall not use the City Poles for <br /> any other purpose whatsoever without the prior written consent of the City, which <br /> consent may be withheld for any reason. <br /> 3.2. Prior to use of the City Poles by Company, Company must have a valid <br /> telecommunications franchise in effect with the City. <br /> 3.3. Prior to use of the City Poles by Company, Company and City must execute a Site <br /> License Addendum in the form substantially similar to Exhibit C that covers the <br /> specific City Poles and location of Company's Site Equipment. All Site License <br /> Addendums shall identify where Company intends to install the Site Equipment and <br /> must be independently approved by the City, as described in Section 27. <br /> 3.4. All Site License Addendums are subject to the terms and conditions of this Agreement. <br /> Further,the Company acknowledges and agrees that as a result of the City's review of <br /> the Site License Addendums,the City may deny the installation of Site Equipment for <br /> the reasons stated in Section 2.3, or require additional terms and/or conditions which <br /> will be stated in each Site License Addendum. The City is under no obligation to accept <br /> the installation of the Site Equipment on the City Poles if it determines in its sole <br /> discretion that the installation will interfere in any way with the City's electrical or <br /> communication facilities and their maintenance and operations or the City determines <br /> that such installation would conflict with City policy. <br /> 3.5. Company represents,warrants and covenants that its Site Equipment installed pursuant <br /> to this Agreement and each Site License Addendum will be utilized solely for providing <br /> data and voice coverage and capacity for wireless device users. Company is not <br /> authorized to and shall not use its Site Equipment to offer or provide any other services <br /> not specified herein without prior written permission from the City and any other <br /> necessary permits and approvals,including but not limited to installation and operation <br /> of wires and facilities to provide backhaul transmission service to a third party or the <br /> expansion of the facility to include additional antenna, radios and other infrastructure <br /> that would eliminate concealment or transform the City Poles into a macro cell site. <br /> Further,Company is expressly prohibited from modifying the Site Equipment to permit <br /> the provision of additional services without the express written permission from the <br /> City. <br /> 3.6. Company in the performance and exercise of its rights and obligations under this <br /> Agreement shall not interfere in any manner with the existence and operation of any <br /> 3 <br />