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<br />r--- <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />209 ThIs Agreement wIll not lImIt, restnct, or prohibIt a LIcensor from fulfillIng any <br />agreements or arrangements regardmg the LIcensor's Poles mto whIch the LIcensor has <br />prevIOusly entered, or may enter m the future, WIth Other Licensees. <br /> <br />2 10 ThIS Agreement WIll apply to the CIty as LIcensor only WIth respect to the Poles associated <br />WIth the City's electnc dIstributIOn system, and not to any of the CIty'S Poles or other FaCIlIties <br />associated WIth the generatIOn or transmISSIOn of electnc power <br /> <br />2.11 ThIS Agreement does not authonze eIther Party to use any of the other Party's CondUIt <br />System. <br /> <br />2.12 ThIS Agreement wIll not be construed to reqUIre a LIcensor to allow a LIcensee to use the <br />LIcensor's Poles after the termmatIOn of thIS Agreement. <br /> <br />2.13 ThIS Agreement IS lImIted to a LIcensee's use of a LIcensor's Poles for the LIcensee's <br />FacIlIties as defined m ArtIcle 1, and any other use WIll be considered a default of thIS Agreement <br />unless authonzed by separate agreement between the PartIes. <br /> <br />ARTICLE 3. FEES AND CHARGES <br /> <br />3 01 The LIcensee Will pay to the Licensor the fees and charges speCIfied m AppendIX A, and <br />all other costs and charges speCIfied m thIS Agreement. <br /> <br />302 Irrespective ofthe date on WhICh an Attachment IS actually made, all Attachment Fees wIll <br />be calculated and payable for the entIre year m whIch a PermIt for the Pole Attachment is issued. <br />Irrespective of the date on whIch an Attachment IS removed, all Pole Attachment Fees wIll be <br />calculated and payable for the entIre year m whIch the Attachment was removed. <br /> <br />3 03 The LIcensor shall mamtam an ongomg mventory of the total number of ItS Poles to whIch <br />Attachments of the LIcensee are attached, and the total number of Attachments of the LIcensee to <br />the LIcensor's Poles. ThIS mventory Will mItIally be based upon the mventory performed for the <br />CIty by Utility Support Systems, Inc attached to this Agreement as Exhibit B (the "Initial <br />Inventory"), supplemented by an mventory update report furnIshed by the LIcensee to the <br />LIcensor annually ThIS mventory update report Will be for all of the LIcensee's Attachments <br />added and removed durmg the precedmg calendar year, and wIll be submItted to the LIcensor no <br />later than February 1st of each year for the prevIOUS calendar year Overlashmg an eXIstmg <br />Attachment wIll not be counted as a separate Attachment for calculatIOn of fees If a Party owns <br />the overlashed cable and the new cable. If the LIcensor Identifies new Attachments of the <br />LIcensee that are not lIsted m an mventory update report, the LIcensee wIll pay the LIcensor an <br />Unauthonzed Attachment Fee as set m the attached ExhibIt A for each such Attachment. If the <br />Licensee falls to timely submIt an mventory update report, the LIcensor may have an mventory of <br />the LIcensee's attachments on the LIcensor's Poles performed, and the LIcensee wIll pay the <br />LIcensor all costs aSSOCiated WIth the lllventory of the LIcensee's Attachments. EIther Party may <br /> <br />5 <br />