Common use of Expiration of Reservation Clause in Contracts

Expiration of Reservation. The status of a Street Pole as a Reserved Pole, reserved to a particular Street Pole Franchisee, shall expire upon the occurrence of the earliest to occur of the following: (i) If the Street Pole Franchisee’s Street Pole Franchise terminates, then the status as Reserved Poles of all Reserved Poles reserved to such Street Pole Franchisee shall expire upon such termination. (ii) If no facilities of a Street Pole Franchisee are installed on a particular Reserved Pole that is reserved to such Street Pole Franchisee, said Street Pole Franchisee may at any time post to the City and the other Street Pole Franchisees (in a manner comparable to the manner of posting Reservation Notices) that it chooses to voluntarily surrender such Reserved Pole status, in which event such Reserved Pole status shall expire immediately on the City’s receipt of such notice. (iii) If a Base Station has not been fully installed and become operational on a Reserved Pole within one year of the posting of a Reservation Notice creating such reservation, then at such time as the City thereafter commences a further New Reservation Phase the City will notify Street Pole Franchisees that such Reserved Pole’s treatment as reserved is subject to inclusion on new Reservation Notices. (The one-year period set forth in the preceding sentence shall be subject to extension for Unavoidable Delays in the applicable Base Station installation.) Immediately upon the posting of a Reservation Notice, in connection with such further New Reservation Phase, reserving such Street Pole, the status of such Street Pole as a Reserved Pole reserved to the original reserving Street Pole Franchisee will be deemed expired and such Street Pole will be treated as a Reserved Pole reserved to the newly reserving Street Pole Franchisee.4 (iv) If a Base Station becomes non-operational after initially becoming operational and is not restored to operability within sixty (60) days of becoming non- operational, or if a Base Station recurringly becomes non-operational in a manner that, despite repeated restoration of operability within the required time period, suggests that the Base Station is not being significantly relied on for the provision of service, then the Reserved Pole status of such Street Pole shall expire thirty (30) days after notice from the City of such expiration.5 4 If no Street Pole Franchisee requests such Street Pole during a New Reservation Phase as described in this subsection (iii), such Street Pole’s status as a Reserved Pole shall continue (unless it otherwise expires under subsections (i), (ii) or (iv) of this subsection (3)) but failure to complete installation and notify the City of such completion by the next successive New Reservation Phase shall again expose such Street Pole to potential reservation by others as provided in this subsection (iii). 5 The intention of this subsection (iv) is to allow Reserved Poles that are not are not fulfilling the intended purpose of providing service to be made available to other Street Pole Franchisees who may be interested in using such Street Pole for provision of service. This subsection (iv) is not intended to cause the expiration of Reserved Pole status for Base Stations which are installed for the specific purpose of providing service only on occasions of unusual demand or specific need, and which are intentionally out of service for extended periods in a manner consistent with such limited use goals. Such limited use Facilities shall not be considered as “non-operational” for Continued… (v) If after posting a Reservation Notice, the Company fails within 30 days of such posting to pay the City, for deposit into the Security Fund, such amount as is necessary to meet the requirements of Appendix C of this Agreement in a manner reflecting the addition of such Reserved Poles as are reserved pursuant to such Reservation Notice, then that number of Reserved Poles reserved by such Reservation Notice shall have their Reserved Pole status expire as is necessary to reduce the Company’s Security Fund obligation under Appendix C hereof to its actual amount.6

Expiration of Reservation. The status of a Street Operations Pole as a Reserved Pole, reserved to a particular Street Pole Franchisee, shall expire upon the occurrence of the earliest to occur of the following: (i) If the Street Pole Franchisee’s Street Pole Franchise terminates, then the status as Reserved Poles of all Reserved Poles reserved to such Street Pole Franchisee shall expire upon such termination. (ii) If no facilities of a Street Pole Franchisee are installed on a particular Reserved Pole that is reserved to such Street Pole Franchisee, said Street Pole Franchisee may at any time post to the City and the other Street Pole Franchisees (in a manner comparable to the manner of posting Reservation Notices) that it chooses to voluntarily surrender such Reserved Pole status, in which event such Reserved Pole status shall expire immediately on the City’s receipt of such notice. (iii) If a Base Station has not been fully installed and become operational on a Reserved Pole within one year of the posting of a Reservation Notice creating such reservation, then at such time as the City thereafter commences a further New Reservation Phase the City will notify Street Pole Franchisees that such Reserved Pole’s treatment as reserved is subject to inclusion on new Reservation Notices. (The one-year period set forth in the preceding sentence shall be subject to extension for Unavoidable Delays in the applicable Base Station installation.) Immediately upon the posting of a Reservation Notice, in connection with such further New Reservation Phase, reserving such Street Operations Pole, the status of such Street Operations Pole as a Reserved Pole reserved to the original reserving Street Pole Franchisee will be deemed expired and such Street Operations Pole will be treated as a Reserved Pole reserved to the newly reserving Street Pole Franchisee.4 (iv) If a Base Station becomes non-operational after initially becoming operational and is not restored to operability within sixty (60) days of becoming non- operational, or if a Base Station recurringly becomes non-operational in a manner that, despite repeated restoration of operability within the required time period, suggests that the Base Station is not being significantly relied on for the provision of service, then the Reserved Pole status of such Street Pole shall expire thirty (30) days after notice from the City of such expiration.5 4 If no Street Pole Franchisee requests such Street Operations Pole during a New Reservation Phase as described in this subsection (iii), such Street Operations Pole’s status as a Reserved Pole shall continue (unless it otherwise expires under subsections (i), (ii) or (iv) of this subsection (3)) but failure to complete installation and notify the City of such completion by the next successive New Reservation Phase shall again expose such Street Operations Pole to potential reservation by others as provided in this subsection (iii). 5 The intention of this subsection (iv) is to allow Reserved Poles that are not are not fulfilling the intended purpose of providing service to be made available to other Street Pole Franchisees who may be interested in using such Street Pole for provision of service. This subsection (iv) is not intended to cause the expiration of Reserved Pole status for Base Stations which are installed for of such Street Operations Pole shall expire thirty (30) days after notice from the specific purpose City of providing service only on occasions of unusual demand or specific need, and which are intentionally out of service for extended periods in a manner consistent with such limited use goals. Such limited use Facilities shall not be considered as “non-operational” for Continued…expiration.5 (v) If after posting a Reservation Notice, the Company fails within 30 days of such posting to pay the City, for deposit into the Security Fund, such amount as is necessary to meet the requirements of Appendix C of this Agreement in a manner reflecting the addition of such Reserved Poles as are reserved pursuant to such Reservation Notice, then that number of Reserved Poles reserved by such Reservation Notice shall have their Reserved Pole status expire as is necessary to reduce the Company’s Security Fund obligation under Appendix C hereof to its actual amount.6