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<br />I <br /> <br />I <br /> <br />I <br /> <br />103. <br /> <br />LICENSE AGREEMENT FO.R ATTACHMENTS TO UTILITY FACILITIES <br /> <br />ThIS LIcense Agreement (thIS "Agreement") dated December 8 ,2005, IS made between <br />the CIty of San Marcos, Texas (the "CIty"), a Texas mUnIcIpal corporatIOn, and Time Warner <br />Entertamment - Advance/Newhouse PartnershIp (the "LIcensee"), a New York partnershIp <br /> <br />RECITALS <br /> <br />1 The LIcensee has mstalled and mamtamed a system of cables, WIres and assOCIated eqUIpment <br />on the CIty'S utIhty poles to provIde commUnICatIOns servIces to the pubhc under a pole contact <br />agreement between the CIty and the Licensee's predecessor, Karnack CorporatIOn, dated January <br />1, 1989 (the "ExIstmg Agreement") that was subsequently aSSIgned to TCI CablevIsIOn of Texas, <br />Inc, and to the LIcensee <br /> <br />2 The CIty and the LIcensee WIsh to enter mto a new agreement to replace the EXIstmg <br />Agreement, authonzmg the contmued use of the CIty'S utIlity poles by the LIcensee, and <br />provIdmg for the Issuance of permIts for the future placement, mstallatIon and modificatIOns to <br />the LIcensee's FacIhtIes on the CIty'S utIhty poles. <br /> <br />AGREEMENT <br /> <br />In conSIderatIOn of the promIses, the mutual covenants, and the terms and the condItions <br />contamed m thIS Agreement, the partIes mutually agree as follows <br /> <br />ARTICLE 1 DEFINITIONS <br /> <br />For the purposes of thIS Agreement, the followmg terms wIll have the followmg meanmgs <br /> <br />I 01 Applicable Standards means all apphcable engmeenng and safety laws, regulatIOns and <br />standards governmg the mstallatIOn, mamtenance and operatIOn of commUnICatIOns facIlIties, <br />and the performance of all work m or around CIty FaCIhtIes, mcludmg but not hmIted to the <br />verSIOns of the National Electnc Safety Code ("NESC") and the NatIOnal Electncal Code <br />("NEC") now m effect and as adopted and amended by the CIty from tIme to tIme, the Texas <br />Health & Safety Code, Chapter 752, the federal OccupatIOnal Safety and Health Act ("OSHA"), <br />and other reasonable reqUIrements of the CIty <br /> <br />1 02. Attaching Entity means any pubhc or pnvate entIty that places Attachments on a Pole <br /> <br />1 03 Attachment means each aerial cable, messenger cable, guy WIre, anchors, and other <br />appurtenant and mCIdental faCIhtIes, and each amphfier, repeater, apphance or other deVIce or <br />pIece of eqUIpment affixed to a Pole to proVIde or facIhtate CommUnICatIOns ServIce. Except <br />that overlashmg an eXIstmg attachment shall not be counted as a separate Attachment for <br />calculatIOn of rates If the same entity owns the overlashed cable and the new cable <br /> <br />1 04 Cable Service means <br />