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<br />65. <br /> <br />LICENSE AGREEMENT FOR ATTACHMENTS TO UTILITY FACILITIES <br /> <br />This License Agreement (this "Agreement") dated May 23 , 2000 (the "Effective <br />Date"), is made between the City of San Marcos, Texas (the "City"), a Texas municipal corporation, <br />and Grande Communications, Inc. (the "Licensee"), a Texas corporation. <br /> <br />RECITALS <br /> <br />1. The Licensee proposes to install new cables, wires and associated equipment on the City's utility <br />poles to provide broad-band communications services to the public. <br /> <br />2. The City is willing to grant a license to the Licensee authorizing the issuance of permits for the <br />placement and installation of the Licensee's Facilities on the City's utility poles. <br /> <br />AGREEMENT <br /> <br />In consideration of the promises, the mutual covenants, and the terms and the conditions contained in <br />this Agreement, the parties mutually agree as follows: <br /> <br />ARTICLE 1. DEFINITIONS <br /> <br />For the purposes of this Agreement, the following terms will have the following meanings: <br /> <br />1. Applicable Standards means all applicable engineering and safety laws, regulations and <br />standards governing the installation, maintenance and operation of communications facilities, and <br />the performance of all work in or around City Facilities, including but not limited to the current <br />versions of the National Electric Safety Code ("NESC"), the National Electrical Code ("NEC"), the <br />Texas Health & Safety Code, Chapter 752, and the Occupational Safety and Health Act ("OSHA") <br />and other reasonable requirements of City. <br /> <br />2. Attaching Entity means any public or private entity that places Attachments on a Pole. <br /> <br />3. Attachment means each aerial cable, messenger cable, guy wire, anchors, and other <br />appurtenant and incidental facilities, and each amplifier, repeater, appliance or other device or piece <br />of equipment affixed to a Pole to provide Communications Service. <br /> <br />4. Cable service means: <br /> <br />a. The one-way transmission to customers of: <br /> <br />1. video programming provided by, or comparable to video programming provided <br />by, a television broadcast station; or <br /> <br />2. other programming services, by which is meant video, audio, or data information <br />that Grande makes generally available to all customers, to the extent the services are <br />deemed to be "cable service" under federal law; and <br /> <br />C:\TEMP\Grande pole att final.doc <br />