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15. Riser means metallic or plastic encasement materials placed vertically on a Pole to guide and protect Attachments. 16. Tag means to place distinct markers on wires, cables and equipment, coded by color or other means specified by the City, that readily identify the type of Attachment and its owner. 17. Technical Specifications means the technical specifications for Attachments promulgated by the City's Electric Utility Department. 18. Telecommunications Service means a service offering or providing transmission of voice, video or data information between or among points specified by the user of the service, regardless of the facilities used, and all ancillary or adjunct services rendered in connection with the transmissions. 19. Will is mandatory and not merely directory. ARTICLE 2. GRANT OF LICENSE Section 2.01. The City grants to the Licensee a revocable and nonexclusive license authorizing the Licensee to install and maintain Attachments on the Poles, subject to the provisions of this Agreement. Section 2.02. The Licensee agrees to be bound by all provisions ofthis Agreement and of the Permits issued under this Agreement. Section 2.03. The parties agree that the City will issue Permits to the Licensee only when the City determines, in its sole judgment, that 1) the City has sufficient capacity on the Poles to accommodate the proposed Attachments, 2) the Licensee meets all requirements set forth in this Agreement, and 3) the Permit complies with all of the Applicable Standards. The parties further agree that the Licensee's use of the Poles is subject to the City's right to reclaim Reserved Space in accordance with this Agreement. Section 2.04. No use by the Licensee of any of the City Facilities, regardless of nature or duration, and no payment of any fees or charges required under this Agreement, will create or vest in the Licensee any easements or other ownership or property rights of any nature in any of the City Facilities. After issuance of any Permit, the Licensee will be and remain a mere licensee. This Agreement, and any Permit granted under this Agreement, will not constitute an assignment of any of the City's rights to the City Facilities. Section 2.05. This Agreement does not grant any right to the Licensee to place Attachments on any specific Pole, or to compel the City to grant the Licensee a Permit to place Attachments on any specific Pole. 3 C:\TEMP\Fiber America pole attdoc