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• <br /> and all existing and future public and private rights-of-way, sanitary sewers, water <br /> mains, storm drains, gas mains,poles, aerial and underground electrical and telephone <br /> wires, traffic signals, communication facilities owned by the City, electroliers, cable <br /> television, location monitoring services, public safety and other then existing <br /> telecommunications equipment, utility, or municipal property, without the express <br /> written approval of the City or owners of the affected property or properties, except as <br /> permitted by applicable laws or this Agreement. However, the City agrees that to the <br /> extent it permits any other tenants, licensees, or users,to use the City Poles such third <br /> party will be permitted to install only such equipment that is of the type and frequency <br /> which will not cause harmful interference which is measurable in accordance with the <br /> existing industry standards to the then existing equipment of Company; provided, <br /> however that this exception shall not apply to the extent such equipment is deployed <br /> for the public health and safety. <br /> 3.7. The City may allow or require the Company to replace existing City Poles if they are <br /> not structurally capable of holding the Site Equipment or do not allow for proper <br /> concealment of conduit or other site equipment in accordance with applicable law. <br /> Company shall pay all costs for the new City Pole, including all actual costs to <br /> accommodate the Site Equipment that are incurred by other utilities, companies or the <br /> City, who own existing attachments or equipment on the City Poles. Costs shall also <br /> include any dismantling or removal of the existing City Pole. Additional costs that <br /> Company may be liable for include, but are not limited to, replacement of foundation, <br /> replacement of streetlight,replacement of junction boxes to non-skid boxes, additional <br /> conduit if needed, and geotechnical analysis. All systems shall comply with the <br /> National Electrical Code. The design of any such replacement poles will need to be <br /> approved by City prior to installation. Upon completion of the construction and the <br /> City's inspection and written acceptance of the City Facility, the Company hereby <br /> deeds the Facility to the City, without need for further documentation or agreement, <br /> and shall continue to own its Site Equipment. Upon such written acceptance, the City <br /> will be deemed to have accepted ownership of the City Pole. <br /> 4. Effective Date <br /> All references in this Agreement to the "Effective Date", "the date hereof', or similar references shall <br /> refer to the date of last signature. <br /> 5. Term <br /> The term of this Agreement shall commence as described in Section 4 above, and shall expire five (5) <br /> years from effective date ("Initial Term"); provided that this Agreement may be extended for three <br /> additional five (5)year terms (each additional five (5)year term is a"Renewal Term"). Each Renewal <br /> Term shall be automatic unless either party provides written notice to the other at least six (6)months <br /> prior to the expiration of the Initial Term or each Renewal Term that such party does not intend to <br /> renew the Agreement. The Initial Term and the Renewal Terms shall collectively be referred to as the <br /> "Term". The Site License Addendums shall not extend this Agreement. Such Site License Addendums <br /> shall terminate with the expiration or termination of this Agreement. <br /> 4 <br />