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I I I LICENSE AGREEMENT FOR JOINT POLE ATTACHMENTS ThIS LIcense Agreement for Jomt Pole Attachments (thIS "Agreement") effective January 1,2006 (the "EffectIve Date"), IS made between the CIty of San Marcos, Texas (the "CIty"), a Texas mUnIcIpal corporation, and CenturyTel of San Marcos, Inc. ("CenturyTel"), a Texas corporatIOn. The CIty and CenturyTel may each be referred to at times herem mdIvIdually as "Party" or collectively as the "PartIes" RECIT ALS 1 Each Party owns, operates, and mamtams a system of poles and associated cables, WIres and eqUIpment, and each Party permIts the other Party to use ItS poles under a Jomt Pole Contact Agreement between the Lower Colorado RIver Authonty (predecessor-m-mterest to the CIty) and the San Marcos Telephone Company, Inc. (now CenturyTel of San Marcos, Inc) dated July 15, 1968 (the "ExIstmg Agreement") 2 The PartIes WIsh to enter mto a new agreement to replace the EXIstmg Agreement, authonzmg the contmued use by each Party of the other Party's Poles, and provIdmg for the Issuance of permIts for the future placement, mstallatIon and modIficatIOns to the FacIlIties of each Party on the other Party's Poles. 3 ThIS Agreement shall be only m the area where the electnc dIstribution serVIce area of the CIty overlaps the San Marcos exchange area of CenturyTel. AGREEMENT In consIderatIOn of the promIses, the mutual covenants, and the terms and the condItIOns contamed m thIS Agreement, the PartIes mutually agree as follows ARTICLE 1 DEFINITIONS For the purposes of thIS Agreement, the followmg terms WIll have the followmg meanmgs 1 01 Applicable Standards means all applIcable engmeenng and safety laws, regulatIOns and standards governmg the mstallatIOn, mamtenance and operatIOn of Poles and Attachments, and the performance of all work m or around Poles and Attachments, mcludmg but not lImIted to the verSIOns of the NatIOnal Electnc Safety Code ("NESC") and the NatIOnal Electncal Code ("NEC") now m effect and as adopted by the CIty from time to time, the Texas Health and Safety Code, Chapter 752, the federal OccupatIOnal Safety and Health Act ("OSHA") (to the extent a Party IS subject to the prOVlSlons of thIS Act), and other reasonable reqUIrements of a Party as LIcensor under thIS Agreement. 1 02 Attaching Entity means any publIc or pnvate entIty, mcludmg the CIty or CenturyTel, that places Attachments on a Pole Final 1-17-06 -----, 164