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CITY <br /> 1 <br /> FIBER OPTIC CABLE <br /> MASTER LICENSE AGREEMENT r <br /> This Fiber Optic Cable License Agreement, dated as of y'2i/2.l (the "Effective • <br /> Date"), is made by and between PUBLIC UTILITY DISTRICNO. 1 OF SNOHOMISH <br /> COUNTY, a municipal corporation organized and existing under Chapter 54 of the laws of the <br /> State of Washington ("Licensor"), and the City of Everett ("Licensee"). Licensor and Licensee <br /> may be referred to where appropriate individually as a"Party"or collectively as the"Parties." <br /> WITNESSETH: . <br /> WHEREAS,the Licensor has installed a fiber optic telecommunications backbone system <br /> (hereinafter referred to as the"System")for use by the Licensor; and <br /> WHEREAS,the System has some reserve fiber optic cable capacity;and <br /> 'WHEREAS,the Licensor desires to make some portion of such reserve capacity available <br /> to Licensee, and Licensee wishes to license a portion of the Licensor's reserve fiber optic cable <br /> capacity(hereinafter referred to as"Licensee's System"); and <br /> WHEREAS, Licensor and Licensee are desirous of entering into this license agreement <br /> ("Agreement"). <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> contained herein and other good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged, the Parties, intending to be legally bound, hereby expressly agree as <br /> follows: <br /> 1. SCOPE OF AGREEMENT <br /> This Agreement contains the basic terms and conditions upon which each individual fiber <br /> installation is licensed by Licensor to Licensee. When the Parties agree on the particular terms for <br /> an individual fiber installation(including the provision of related services by Licensor to Licensee, <br /> if applicable),the Parties will execute a completed Fiber License Acknowledgement ("FLA") in <br /> the form attached as Exhibit A. Each executed FLA is deemed to be a part of this Agreement. The <br /> terms and conditions of the FLA will govern and control if there is a discrepancy or inconsistency <br /> between the terms and conditions of any FLA and this Agreement. A FLA may be executed on <br /> behalf of the Licensee by the City of Everett Director of Public Works. <br /> 1 <br /> Fiber Optic Cable Master License Agreement <br />