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LICENSE AGREEMENT FOR ATTACHMENTS TO UTILITY FACILITIES This License Agreement (this "Agreement ") dated October 18 , 2011 (the "Effective Date "), is made between the City of San Marcos, Texas (the "City "), a Texas municipal corporation, and ATC Outdoor DAS, LLC (the "Licensee "), a Delaware Limited Liability Company registered to do business in Texas with its corporate offices at 116 Huntington Avenue, 11 th floor, Boston, MA 20116. RECITALS 1. The Licensee proposes to install Attachments on the City's utility poles to provide Distributed Antenna System service and wireless communications services to telecommunications carriers. Licensee warrants and represents that it does not provide telecommunication, cable or wireless communication services to the public. 2. The City is willing to grant a license to the Licensee authorizing the issuance of permits for the placement and installation of the Attachments for its Distributed Antenna System on the City's utility poles provided that (1) the Licensee has executed a separate Right -of -Way License Agreement with Licensor, (2) Licensee is not in default of this Agreement or the Right -of -Way License Agreement and (3) Licensee maintains its authorization to provide such services by the Texas Public Utility Commission or successor agency. AGREEMENT In consideration of the promises, the mutual covenants, and the recitals, terms and the conditions contained in this Agreement, the parties mutually agree as follows: ARTICLE 1. DEFINITIONS For the purposes of this Agreement, the following terms will have the following meanings: 1. Applicable Standards means all applicable engineering and safety laws, regulations and standards governing the installation, maintenance and operation of communications facilities, and the performance of all work in or around City Facilities, including but not limited to the current versions of the National Electric Safety Code ( "NESC "), the National Electrical Code ( "NEC "), the Texas Health & Safety Code, Chapter 752, and the Occupational Safety and Health Act ( "OSHA ") and other reasonable requirements of City. 2. Attaching Entity means any public or private entity that places Attachments on a Pole. 3. Attachment means each aerial cable, messenger cable, guy wire, anchors, spatially separated antenna nodes, and other appurtenant and incidental facilities, and each amplifier, repeater, appliance transceiver, antenna, or other device or piece of equipment or "associated hardware." "Associated Hardware" means mounting brackets, connections between control boxes, and other small hardware used solely by ATC to attach its Distributed Antenna System equipment to a Pole to provide Distributed Antenna System services to telecommunications providers. CADocuments and Settings \tamara.slade \Local SettingsUemporary Internet Files \Content.Outlook \F3JWG5DII\San Marcos PAA FINAL CLEAN 10 17 201 I.doca