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Section 2.06. The Licensee will obtain all necessary certifications, permits, and franchises from Federal, state and local authorities prior to making any Attachments. The Licensee is subject to all applicable provisions of Chapter 283 of the Texas Local Government Code with respect to Telecommunications Service provided by the Licensee through the Licensee's Facilities located within or across public right-of-way of the City. Section 2.07. This Agreement does not in any way limit the City's right to locate, operate and maintain the Poles in the manner the City believes will best enable it to fulfill its own service requirements. Section 2.08. This Agreement does not require the City to install or retain any Pole for use by the Licensee when the City determines that the Pole is not needed for City's own service requirements. Section 2.09. This Agreement will not limit, restrict, or prohibit the City from fulfilling any agreements or arrangements regarding the Poles into which the City has previously entered with Other Licensees. Section 2.10. This Agreement will only apply to the Poles associated with the City's electric distribution system, and not to any City Facilities associated with the generation or transmission of electric power. This Agreement does not authorize the Licensee's use of any of the City's Conduit System. Section 2.11. This Agreement will not be construed to require the City to allow the Licensee to use the Poles after the termination of this Agreement. Section 2.12. This Agreement is limited to the Licensee's use of the Poles for the Licensee's Facilities as defined in Article 1, and any other use will be considered a default of this Agreement unless authorized by separate agreement between the parties. Section 2.13. The parties acknowledge that this Agreement is the result of arms-length negotiations, and that the rates, terms and conditions set under this Agreement are just and reasonable. The rule of construction that a contract is to be construed strictly against the party drafting it will not apply in construing this Agreement. ARTICLE 3. FEES AND CHARGES Section 3.01. The Licensee will pay to the City the fees and charges specified in Appendix A, and all other costs and charges specified in this Agreement. Section 3.02. Irrespective of the date on which an Attachment is actually made, all Attachment Fees will be calculated and payable for the entire year in which a Permit for the Attachment is issued. The Licensee will pay the Attachment Fee for the first year in which an Attachment is made at the time the Licensee applies for a Permit for the Attachment. The City will refund this fee to the Licensee only if the Permit for the Attachment is revoked under Section 12.02. 4 C:\TEMP\Fiber America pole att.doc