New Cingular Wireless PCS LLC 7/31/2018

approved Site License Addendum. Company shall not use the City Poles for any other purpose whatsoever without the prior written consent of the City, which consent may be withheld for any reason. 3.2. Prior to use of the City Poles by Company, Company must have a valid telecommunications franchise in effect with the City. 3.3. Prior to use of the City Poles by Company, Company and City must execute a Site License Addendum in the form substantially similar to Exhibit C that covers the specific City Poles and location of Company's Site Equipment. All Site License Addendums shall identify where Company intends on installing the Site Equipment and must be independently approved by the City, as described in Section 27. 3.4. All Site License Addendums are subject to the terms and conditions of this Agreement. Further, the Company acknowledges and agrees that as a result of the City's review of the Site License Addendums, the City may deny the installation of Site Equipment outright or require additional terms and/or conditions which will be stated in each Site License Addendum. The City is under no obligation to accept the installation of the Site Equipment on the City Poles if it determines in its sole discretion that the installation will interfere in any way with the City's electrical or communication facilities and their maintenance and operations or the City determines that such installation would conflict with City policy. 3.5. Company represents, warrants and covenants that its Site Equipment installed pursuant to this Agreement and each Site License Addendum will be utilized solely for providing data and voice coverage and capacity for mobile device users. Company is not authorized to and shall not use its Site Equipment to offer or provide any other services not specified herein without prior written permission from the City and any other necessary permits and approvals, including but not limited to installation and operation of wires and facilities to provide backhaul transmission service to a third party or the expansion of the facility to include additional antenna, radios and other infrastructure that would eliminate concealment or transform the City Poles into a macro cell site. Further, Company is expressly prohibited from modifying the Site Equipment to permit the provision of additional services without the express written permission from the City. 3.6. Company in the performance and exercise of its rights and obligations under this Agreement shall not interfere in any manner with the existence and operation of any and all existing and future public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the City, electroliers,cable television, location monitoring services, public safety and other then existing telecommunications equipment, utility, or municipal property, without the express written approval of the City or owners of the affected property or properties,except as permitted by applicable laws or this Agreement. However, the City agrees that to the extent it permits any other tenants, licensees, or users,to use the City Poles such third party will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with the existing industry standards to the then existing New Cingular Wireless PCS,LLC 4