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<br />-1- <br /> <br /> <br />POLE ATTACHMENT LICENSE AGREEMENT FOR <br />MUNICIPAL ENTITIES <br /> <br />This is a Pole Attachment License Agreement (“Agreement”) between the Public Utility <br />District No. 1 of Snohomish County, a Washington State Municipal Corporation <br />(“Licensor”), and the City of Everett, a Washington State Municipal Corporation, <br />(“Licensee”). Licensor and Licensee are also referred to herein individually as “Party” and <br />collectively as “Parties”. <br /> <br /> <br />WHEREAS, Licensee desires to attach various communications facilities and equipment <br />including cables, wires and appliances, strand mounted equipment (including amplifiers, <br />and devices that may be operated without an individual license from the Federal <br />Communications Commission (“FCC”)) together with associated cable messengers, <br />anchors, power supplies, and other appurtenances (collectively and individually referred to <br />herein as “Equipment”) to the utility poles of the Licensor in its Distribution Area <br /> <br />WHEREAS, subject to the terms and conditions hereof, Licensor is willing to permit, to <br />the extent it may lawfully do so, the Licensee to attach its Equipment upon the poles of the <br />Licensor where, in the judgment and opinion of Licensor such attachment will not interfere <br />with the service requirements of the Licensor or other Licensor authorized joint users, <br />including considerations of economy and safety. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions <br />herein contained, the Parties agree as follows: <br /> <br />I. GENERAL AGREEMENT <br /> <br />1.01 Permits - In General <br /> <br />Subject to the terms, conditions and limitations set forth in this Agreement, Licensor agrees <br />that it will issue specific permits to Licensee to permit the Licensee to attach its Equipment <br />to specific points of contact on specific poles of Licensor within the distribution area <br />defined in Section 1.03. <br /> <br />However, under certain circumstances, and in the sole judgment and opinion of the <br />Licensor, Licensor may refuse to grant a specific permit for a particular pole. <br />Circumstances which may justify Licensor’s refusal include, but are not limited to, the <br />following: <br /> <br /> (a) There is insufficient capacity for Licensee’s Equipment on the pole; and <br /> <br /> (b) For reasons of safety, reliability, and/or the inability to meet generally <br />applicable engineering standards and practices. <br /> <br /> In the event a specific permit has been granted by the Licensor for a particular pole <br />but the Licensee has not made its attachment to that pole within one hundred twenty (120)