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also mean sidewalks, bridges and other structures, places and public grounds of the City,
<br />as they now or hereafter may exist. A reference in this Franchise to a "Public Way" or
<br />"Public Rights -of way" shall not be a representation or guarantee by the City that its
<br />interests or other rights in the property are sufficient to permit its use of the installation
<br />and maintenance of a System and PEC shall receive only those rights which the City has
<br />the right and power to give.
<br />1.19 Sidewalk means a paved area, within the street right -of -way or sidewalk easement,
<br />specifically designed for pedestrians or bicyclists.
<br />1.20 Street, Avenue or Alley means a publicly dedicated or maintained right -of -way, a portion
<br />of which is open to use by the public for vehicular travel.
<br />1.21 Transmission and Distribution System or System means all interrelated lines, equipment,
<br />poles, installations and systems, fixtures, and other facilities, including fiber optic cables
<br />used for non - revenue generating communication purposes to service its own System, or
<br />appurtenances, including substation facilities, that PEC deems reasonably necessary for
<br />the rendition of Electric Utility Services to Customers, lessees (including lessees of any
<br />part of PEC's System) and any others in the City and beyond the City throughout its
<br />territory for which PEC holds a CCN.
<br />Section 2. Granting of Franchise
<br />2.1 There is hereby granted to PEC a non - exclusive franchise to operate, maintain,
<br />construct, use, extend, remove, replace, repair and install in, upon, over, under, across
<br />and along the City's Public Rights -of -Way, its electric Transmission and Distribution
<br />System for the purpose of transmitting, distributing and supplying Electricity and the
<br />rendition of Electric Utility Services to the City, to the inhabitants thereof, and persons,
<br />firms and corporations beyond the corporate limits thereof, operating its System in the
<br />City, and for non - revenue generating communication signals for the System. PEC cannot
<br />use any portion of its electric Transmission and Distribution System in the City's Public
<br />Rights -of -Way for any purpose other than the transmission, distribution and delivery of
<br />Electricity, or non - revenue generating communication signals for the System without
<br />first entering into a separate agreement for the ancillary service. PEC agrees to require
<br />other persons, firms, or corporations that desire to attach facilities to PEC's electric
<br />Transmission and Distribution System located in the City to represent and warrant that
<br />they have obtained all legally required franchises, licenses, waivers, consents,
<br />easements, right -of -way and permits needed to construct and operate its equipment
<br />within the Public Rights -of -Way. PEC shall use commercially reasonable efforts to notify
<br />the City of any person, firm or corporation that enters into a contract with PEC to attach
<br />facilities on PEC's facilities located within the Public Rights -of -Way.
<br />2.1.1 In accordance with and during the term of this Franchise, PEC is hereby granted
<br />non - exclusive passage and right -of -way in, on, under, above, along and across, any and
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